Lycoming Fire Insurance v. Rought
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Wyoming county: Of January Term 1881, No. 87. Covenant, by Leonard Rought, Jr., against the Lycoming County Mutual Insurance Company, upon a policy of fire insurance.
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Error to the Court of Common Pleas, of Wyoming county: Of January Term 1881, No. 87. Covenant, by Leonard Rought, Jr., against the Lycoming County Mutual Insurance Company, upon a policy of fire insurance. The defendant pleaded specially, inter alia, “ that by the contract of insurance entered into by plaintiff and defendant, the said plaintiff expressly promised and agreed to pay all premiums or assessments within thirty days after notice of the levy and demand for the same; that a levy and assessment had been duly and regularly levied and made, and due and legal notice thereof given to said…
1Opinion of the CourtJustice Mercur
It is "well settled, if a member of a mutual insurance company is in default in the payment of an assessment on his policy, after due notice according to the by-laws and rules of the company, the protecting power of the policy is suspended until the assessment is paid. No recovery can be had for a loss sustained during the continuance of such default: Hummel Appeal, 28 P. F. Smith 320; Columbia Ins. Co. v. Buckley, 2 Norris 293; Washington Mutual Fire Ins. Co. v. Rosenberger, 3 Id. 373; Crawford County Mutual Ins. Co. v. Cochran, 7 Id. 230.
The main contention here is, whether the alleged…
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- Miller v. Elk County Mutual Fire InsuranceSupreme Court of Pennsylvania · 1936
- Schifalacqua v. CNA Ins.Court of Appeals for the Third Circuit · 1977
- Kelly v. Allstate InsuranceDistrict Court, E.D. Pennsylvania · 2001
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