Thomas R. White, Jr., Philadelphia, for appellant.
M. E. Maurer and Nissenbaum & Maurer, Philadelphia, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross and Gunther, JJ.
[ 172 Pa. Super. Page 642]
Defendant issued its insurance policy, dated January 5, 1949, retroactive to November 26, 1948, covering plaintiff's liability for workmen's compensation for which plaintiff paid $78, the estimated advance premium. Compensation for $563.20 was awarded to one
[ 172 Pa. Super. Page 643]
of plaintiff's employes, which plaintiff paid, and sued defendant to recover that sum.*fn1 Defendant contended that the policy had been cancelled by it before plaintiff's liability for his employe's compensation accrued. The court below, trying the case without a jury, found for plaintiff and denied defendant's motions for a new trial and judgment n. o. v.
In respect to the cancellation of the policy by the insurance carrier, the policy contains the following provisions:
Clause VII-B: 'Notice of cancellation shall be served upon this Employer as the law requires, but, if no different requirement, notice mailed to the address of this Employer herein given shall be a sufficient notice, and the check of the Company, similarly mailed, a sufficient tender of any unearned premium.'
Clause VII-B: 'The law of any state, in which this Policy applies, which requires that notice of cancellation shall be given to any Board, Commission or other state agency is hereby made a part of this Policy and cancellation in such state shall not be effective except in compliance with such law.'
Standard Pennsylvania Workmen's Compensation Agreement, clause 10: 'This Policy shall not be cancelled except upon 10 days' notice by the Company to the Pennsylvania Compensation Rating and Inspection Bureau.'
In its original answer defendant denied that it received the $78 premium and averred that it had cancelled the policy for non-payment of the premium. In its amended answer it admitted that it had received ...