Legal Opinion

Knouse v. Mutual Fire Insurance

Superior Court of Pennsylvania

Decided April 17, 1922No. Appeal, No. 39PublishedCited by 4 opinions

Appeal, No. 39, March T., 1922, by defendant, from judgment of C. P. Columbia County, Feb. T., 1916, No. 57, in favor of plaintiff on case stated, in suit of S. L. Knouse v. The Mutual Fire Insurance Company of Millville. Case stated in assumpsit to recover on a policy of fire insurance. Before Terry, P. J., 44th Judicial District, specially presiding. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 39, March T., 1922, by defendant, from judgment of C. P. Columbia County, Feb. T., 1916, No. 57, in favor of plaintiff on case stated, in suit of S. L. Knouse v. The Mutual Fire Insurance Company of Millville. Case stated in assumpsit to recover on a policy of fire insurance. Before Terry, P. J., 44th Judicial District, specially presiding. The facts are stated in the opinion of the Superior Court. The court below entered judgment in favor of the plaintiff in the sum of $1,381. Defendant appealed. Error assigned was the judgment of the court. Unless limited by contract, the…

1Opinion of the Court

Opinion by

Linn, J.,

This appeal is from judgment for plaintiff on a case stated to determine liability on a policy of fire insurance. The insurance company asserted the policy was suspended because plaintiff did not pay an assessment levied on his premium note; he insisted the assessment was illegal because levied to pay future losses and expenses. The court held defendant could levy assessments for past losses only; that the assessment was illegal, the policy in force and plaintiff entitled to recover. The question now is whether the assessment to pay future losses was valid, and the answer…

2Cases cited6 opinions

  1. Given v. RettewSupreme Court of Pennsylvania · 1894
  2. Hummel & Co.'s AppealSupreme Court of Pennsylvania · 1875
  3. Schimpf v. Lehigh Valley Mutual InsuranceSupreme Court of Pennsylvania · 1878
  4. People's Fire Insurance v. Hartshorne & Co.Supreme Court of Pennsylvania · 1879
  5. Rosenberger, Light & Co. v. Washington Mutual Fire InsuranceSupreme Court of Pennsylvania · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Miller v. Elk County Mutual Fire InsuranceSupreme Court of Pennsylvania · 1936
  2. Blackburn v. Friend's Cove Farmers' Mutual Fire InsuranceSuperior Court of Pennsylvania · 1926
  3. Locust Club v. EinsteinSuperior Court of Pennsylvania · 1937
  4. Wagman v. Paradise Mutual Fire Insurance, Pennsylvania Court of Common Pleas, York County1951

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