Ætna Life Ins. v. Clark
Superior Court of Pennsylvania
Appeal, No. 215, Oct. T., 1915, by plaintiff, on judgment of C. P. No. 1, Philadelphia Co., June T., 1913, No. 987, on verdict for plaintiff in Case of iEtna Life Insurance Company v. Harry E. Clark. Assumpsit to recover the first premium on several policies of life insurance. Before Bregy, P. J. At the trial it appeared that the premium amounted to $957.87. Defendant received the policy from the plaintiff’s agent, Walter, who had authority to accept payment of the premiums.
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Appeal, No. 215, Oct. T., 1915, by plaintiff, on judgment of C. P. No. 1, Philadelphia Co., June T., 1913, No. 987, on verdict for plaintiff in Case of iEtna Life Insurance Company v. Harry E. Clark. Assumpsit to recover the first premium on several policies of life insurance. Before Bregy, P. J. At the trial it appeared that the premium amounted to $957.87. Defendant received the policy from the plaintiff’s agent, Walter, who had authority to accept payment of the premiums. He gave his note for $574.72, and the balance he retained under an agreement with Walter to be applied to an…
1Opinion of the Court
Opinion by
Kephart, J.,
This is an action to recover the first premium on several policies of insurance. The defendant gave to the plaintiff’s agent a note for a part of the amount due which he subsequently paid to the agent. The balance of the premium was retained by the defendant and, as he alleged, was by agreement applied to an indebtedness due to him from one Rank. Rank was not a licensed agent nor employed by the plaintiff and it was held by the trial court that the premium unpaid was virtually a rebate to the insured in violation of the Act of May 3, 1909, as amended by the Act of March…
2Cases cited6 opinions
- Gosch v. Firemen's InsuranceSuperior Court of Pennsylvania · 1907
- Elkins & Co. v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1886
- Snyder v. Nederland Life InsuranceSupreme Court of Pennsylvania · 1902
- Ellis v. AndersonSuperior Court of Pennsylvania · 1912
- Mechling v. Philadelphia Life InsuranceSuperior Court of Pennsylvania · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Coughlin v. Reliance Life InsuranceSupreme Court of Minnesota · 1925
- Reliance Life Ins. Co. of Pittsburgh v. LowrySupreme Court of Alabama · 1934
- American Casualty Co. v. Keator, Pennsylvania Court of Common Pleas, Montgomery County1935