Legal Opinion

Rosenberger, Light & Co. v. Washington Mutual Fire Insurance

Supreme Court of Pennsylvania

Decided June 10, 1878PublishedCited by 4 opinions

Error to the Court of Common Pleas of Lebanon county: Of May Term 1878, No. 127. Debt by Rosenberger, Light & Co. against the Washington Mutual Fire Insurance Company, to recover the amount of a policy of insurance in said company. The defendant company was incorporated by Act of Assembly of April 2d 1860: Pamph. L. 770. The first section of this-act authorizes the company to make by-laws for the management and regulation of its affairs.

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Error to the Court of Common Pleas of Lebanon county: Of May Term 1878, No. 127. Debt by Rosenberger, Light & Co. against the Washington Mutual Fire Insurance Company, to recover the amount of a policy of insurance in said company. The defendant company was incorporated by Act of Assembly of April 2d 1860: Pamph. L. 770. The first section of this-act authorizes the company to make by-laws for the management and regulation of its affairs. Sect. 4 provides that all persons insured shall be members in accordance with its by-laws during the period for which they shall remain insured. By sect. 5…

1Opinion of the Court

Mr. Justice Trúnkey

delivered, the opinion of the court,

The plaintiffs, by taking the policy, became members of the corporation. Sect. 8, of the act of incorporation, Pamph. L. 1860, p. 770, declares, “That in case of loss by fire the managers shall have power to levy and assess the amount of said loss upon the persons insured in this corporation, pro rata, according to the amount or value of property insured by each respectively.” Art. 14 of the by-laws directs that, “in all cases of loss or damage by fire to any member of this company, after the damage is ascertained, an equal and just…

2Cited by4 opinions

  1. Lincoln Bus Co. v. Jersey Mutual, C., Co.New Jersey Court of Chancery · 1933
  2. Susquehanna Mutual Fire Insurance v. Gackenbach & SeisloveSupreme Court of Pennsylvania · 1887
  3. Knouse v. Mutual Fire InsuranceSuperior Court of Pennsylvania · 1922
  4. Farmers Mutual Fire Insurance v. MeyerMissouri Court of Appeals · 1932

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