Summary
holding that an insurer's acceptance of new premiums created a new contract, where the insurer could terminate a quarterly policy by not accepting such premiums
Summary of this case from Hanover Ins. Co. v. RyanOpinion
November 22, 1960.
January 4, 1961.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 360, Jan. T., 1960, from decree of Superior Court, Oct. T., 1959, No. 433, affirming decree of Municipal Court of Philadelphia County, Jan. T., 1958, No. 2702, in equity, in case of William F. Benat v. Mutual Benefit Health Accident Association. Order affirmed.
Same case in Superior Court: 191 Pa. Super. 547.
Equity. Before GILBERT, J.
Opinion filed finding for defendant; exceptions to opinion dismissed and decree entered dismissing complaint. Plaintiff appealed to Superior Court which affirmed the decree. Appeal to Supreme Court allowed.
Robert H. Malis, with him Malis, Malis Malis, for appellant.
Walter B. Gibbons, for appellee.
The order of the Superior Court is affirmed at appellant's costs on the opinion of Judge WRIGHT, reported at 191 Pa. Super. 547.
Mr. Justice BELL and Mr. Justice MUSMANNO dissent.