People's Mut. F. Ins. v. Groff

Supreme Court of Pennsylvania March 13, 1893

People's Mut. F. Ins. v. Groff, 154 Pa. 200 (Pa. 1893)

26 A. 63; 1893 Pa. LEXIS 868

Dean, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

This appeal is from the judgment against defendant for want of á sufficient affidavit of defence to plaintiff’s amended statement. In his opinion, sent up with the record, the learned judge of the common pleas has clearly pointed out wherein the affidavit of defence is defective. There appears to be no error in making the rule absolute and entering judgment in favor of plaintiff company for the amount of its claim. For reasons given in the opinion referred to, the judgment should be affirmed.

Judgment affirmed.

Reference

Full Case Name: People's Mut. F. Ins. Co. v. Groff
Cited By: 6 cases
Status: Published
Syllabus: Fire insurance — Mutual companies — Assessments. The managers of a mutual fire insurance company may exercise a reasonable discretion in fixing the amount of an assessment, having in view the losses and practical workings of the company, and the possibility of making collections. The presumption is in favor of the propriety of the assessment. In an action to recover an assessment, where the statement avers that the assessment was “duly” made, an affidavit of defence is insufficient which avers that the “company does not require the assessment sought to be collected in this suit to pay losses and necessary expenses of the company,” and sets forth a statement of the condition of the company six months after the assessment was made. Affidavit of defence law — Act of May 1, 1876. The affidavit contemplated by the act of May 1, 1876, § 56, P. L. 53, relating to assessments made by mutual insurance companies, has reference to the method of proof upon the trial, and not to the exigencies of the affidavit of defence law. Whether or not an affidavit embodying the averment specified in the statute is also sufficient to prevent judgment under the affidavit of defence system, is to be determined by reference to the principle pertaining to the latter. Penalty for nonpayment of assessment. A mutual insurance company may enforce a penalty of twenty-five per cent provided for in the policy, for nonpayment of assessments.