Swing v. Crane

Citations

• 22 Ohio C.C. Dec. 616

Syllabus

<p>INSURANCE — LIMITATION OF ACTIONS.</p> <p>1. Rule as Payment or Assessments on Premium Notes for Mutual. Fire Insurance does not Bar Defense to Assessment on Standard Form Policy.</p> <p>A decision in -a suit for ouster of a mutual fire insurance company, imposing assessments upon policy holders giving premium notes, whether parties to the proceeding or not, does not bar any policy holder from questioning his liability for an assessment or from setting up any other defense; hence, no assessments can be levied against holders of standard form policies containing no written or printed regulations imposing no assessment requirements, especially since such company had never complied with R. S. 3634 (Gen. Code 9524) et seq. Swing v. Bose,, 75 Ohio St. 355, distinguished.</p> <p>2. Statute of Limitations Running against Mutual Fire Insurance Assessment not Barred by Approval of Second Assessment.</p> <p>The six years’ statute of limitations runs against an “assessment levied on a policy holder of a mutual fire insurance company, and the running of the statute is not barred by the approval by the Supreme Court of a second assessment against the same party, when it covers the same liability as the first assessment with probable costs of collection added.</p> <p>[Syllabus approved by the court.]</p>