Kelly v. Johncox

This is an action at law to recover the amount of an assessment made by the Pennsylvania State Insurance Liquidator, pursuant to court order, against the defendant, as a result of the compulsory liquidation of a mutual insurance company. The defendant’s answer contains 10 affirmative defenses. The plaintiff moves for summary judgment.

This plaintiff has been granted summary judgment in six other identical cases, to wit: Kelly v. Banks (41 Misc 2d 689 [Supreme Ct., Cortland County, 1963, Justice McAvoy] ); Kelly v. Bremmerman (42 Misc 2d 148 [Supreme Ct., Onondaga County, 1964, Justice Aronson]…