Kelly v. Bremmerman

Plaintiff, the Insurance Commissioner of the Commonwealth of Pennsylvania, appeals as of right from an order of the Appellate Division, Fourth Department. Plaintiff Commissioner, suing as the statutory liquidator of a Pennsylvania mutual insurance company which failed in 1951, brought this plenary action in 1963 against defendant, a former policyholder of the company, to collect an assessment totaling $1,274.71. While the complaint was framed in a single cause of action, the assessment was based on two policies previously owned by defendant, one of which expired in 1950 and the other in 1951.…