Commonwealth v. Guardian Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 6, March T., 1916, by Charles F. Widmyer, Assignee of Widmyér & Prangley, from order of C. P. Dauphin Co., Commonwealth Docket, 1909, No. 23, oyerruling exceptions to report of auditor in case of Commonwealth, ex rel., M. Hampton Todd, Attorney General, v. Guardian Fire Insurance Company of Pennsylvania. Exceptions to report of Frank B. Wickersliam, Esq., and Harry M. Davidson, Esq., auditors. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 6, March T., 1916, by Charles F. Widmyer, Assignee of Widmyér & Prangley, from order of C. P. Dauphin Co., Commonwealth Docket, 1909, No. 23, oyerruling exceptions to report of auditor in case of Commonwealth, ex rel., M. Hampton Todd, Attorney General, v. Guardian Fire Insurance Company of Pennsylvania. Exceptions to report of Frank B. Wickersliam, Esq., and Harry M. Davidson, Esq., auditors. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing exceptions to auditors’ report.
1Opinion of the Court
Opinion by
Kephart, J.,
The contract between the Guardian Fire Insurance Company and Dickson and Tweedale, general agents, provided “that the said general agents shall receive as compensation for all their services under the contract forty (40%) per cent, of the net premiums on policies written by them for said company, which net premiums shall be the gross premiums as reported, less the premiums and reinsurance effected.” The company was insolvent when the receiver was appointed and a large number of outstanding policies were forthwith cancelled: Dean & Son’s App., 98 Pa. 101; Law v. Waldron,…
2Cases cited6 opinions
- Dean & Son's AppealSupreme Court of Pennsylvania · 1881
- Milwaukee Mechanics' Ins. Co. v. WarrenCalifornia Supreme Court · 1907
- Bosler's Administrators v. Exchange BankSupreme Court of Pennsylvania · 1846
- Law v. WaldronSupreme Court of Pennsylvania · 1911
- Singerly v. FoxSupreme Court of Pennsylvania · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clay v. Independence Mutual Insurance CompanySupreme Court of Missouri · 1962
- Commonwealth v. Urban Mutual Fire Insurance, Pennsylvania Court of Common Pleas, Dauphin County1950
- Kochersperger v. Farmers' Bank, Pennsylvania Court of Common Pleas, Union County1930
- Replacement of Canceled Insurance, Pennsylvania Department of Justice1948