59 Pa. Super. 600 | Pa. Super. Ct. | 1915
Opinion by
This suit was brought for the recovery of premiums due on a policy of insurance covering defendant’s horses. The court entered judgment for want of a sufficient affidavit of defense.
The Act of March 31, 1911, P. L. 39, provides that no insurance company or agent shall give any rebate of premiums payable on the policy. We find from the affidavit of defense that the agent of the company solicited the defendant to insure his horses, and that the “defendant refused to make such contract of insurance but stated that he would take the insurance if the plaintiff would waive the payment of said policy fee.” The policy fee was not a fee for the preparation of the policy but was the initial premium paid for the insurance. The insured induced the agent to give him a rebate,
The policy was dated December 13, 1912, and was retained by the defendant until March 6, 1913, at which time he requested its cancellation. As the collateral agreement made by the agent was void and was not binding on the company, and the policy formed the only contract. of the parties, defendant was not entitled to a cancellation of the policy until he had complied with its terms. The policy required as a prerequisite of the right to cancel, the payment of the premium for the current quarter. The premium not having been paid a cancellation was rightly refused.
The assignments of error are overruled and the judgment is affirmed.