Infantino v. Quaker City Fire & Marine Insurance

Opinion by

Arnold, J.,

In an assumpsit action for unearned premiums the court below entered judgment for want of a sufficient affidavit of defense and defendant appealed. Defendánt’s pleading admitted that defendant issued its policy naming Tony Infantino (the legal plaintiff) asoinsured, covering loss by fire, theft, collision, etc., as to specifically enumerated motor trucks; that one McFadden was its duly authorized agent, and that he delivered it to Insurance Premium Finance Company which paid to McFadden part of the premium; and that defendant can-celled the policy.

Payment to McFadden was…