Stockley v. Riebenack

Citations

• 12 Pa. Super. 169
• 1899 Pa. Super. LEXIS 228

Syllabus

<p>Mutual insurance company — Liability of withdrawing member.</p> <p>An agreement by one insured in a mutual company expressed in the policy, to pay an assessment levied for mortuary or expense funds, imposes .a liability to pay a proportionate share of all losses and expenses incurred •up to the time of the surrender of his policy.</p> <p>Conclusive assessments — Claim for proportion of losses — Defenses.</p> <p>Assessments levied by the court, after the appointment of a receiver of a mutual insurance company, are conclusive both as to their necessity and .amount and cannot be questioned in either respect in a collateral proceeding to recover same from a policy holder whose duty it is to pay to the •company the proportionate share of losses incurred up to the time of his withdrawal.</p> <p>Affidavit of defense — Withdrawing policy holder — Sufficient allegations of payment of assessments.</p> <p>An affidavit which alleges that a member of a mutual insurance company surrendered his policies on a certain date and at the same time paid all in-debtedness to date is insufficient, in that it does not state how much was paid nor the manner of payment. It merely expresses a legal conclusion from facts not disclosed.</p>