and attested by the secretary; and when so subscribed and attested, shall be obligatory on the company.

1 May 1876 § 17.

P. L. 58.

16 April 1891 § 1.

P. L. 22.

pare uniform

64. The insurance commissioner shall prepare and file in his office, on or before the fifteenth day of November, Anno Domini one thousand eight hundred and ninety-one, a printed form, in blank, of a contract or policy of fire insurance, Insurance comtogether with such provisions, agreements or conditions as may be indorsed missioner to prethereon or added thereto and form a part of such contract or policy; and such blank form of fire form when filed shall be known and designated as the "Standard fire insurance insurance policy. policy of the state of Pennsylvania," and it shall be the duty of the insurance Companies to be commissioner to forward to each fire-insurance company transacting business in furnished certified this state, a certified copy of such form of policy and riders thereto, as provided for in the second and third sections of this act.

copy.

Ibid. § 2.

65. First. The name of the company, its location and place of business, the date of its incorporation or organization, whether it is a stock or mutual com- Full description pany, the names of its officers, the number and date of the policy, and, if it be of company to be issued through a manager or agent, the words this policy shall not be valid printed on policy. until countersigned by the duly authorized manager or agent at —," shall be printed on policies issued in this state. (aa)

66. Second. Printed or written forms of description and specifications or Ibid. schedules of the property covered by any particular policy, and any other matter Description or necessary to clearly express all the facts and conditions of insurance on any schedule of propparticular risk (which facts or conditions shall in no case be inconsistent with or a erty, &c., may be written on policy. waiver of any of the provisions or conditions of the standard policy herein provided for), may be written upon, or attached or appended to, any policy issued on property in this state.

Ibid.

67. In like manner it shall be the duty of the insurance commissioner to prepare and file, as herein provided, a standard form of policy or contract of Standard form of insurance to be used for perpetual insurance by such companies as are authorized policy for perby law to issue perpetual policies, and the conditions of this act, as to a standard petual insurance. form of policy, shall apply thereto.

68. Third. A company, corporation or association, organized or incorporated Ibid. under and in pursuance of the laws of this state or elsewhere, if entitled to do Certain provisions business in this state, may, with the approval of the insurance commissioner, if with approval of the same is not included in the standard form to be filed as aforesaid, print on commissioner may be printed on its policies any provision which it is by law required to insert therein, if such policy. provision is not in conflict with the laws of this state or of the United States or of the provisions of the standard form herein provided for; but said provision or provisions shall be printed apart from the other provisions, agreements or conditions of the policy, under a separate title, as follows: "Provisions required by law to be stated in this policy."

Ibid. § 3.

69. On and after the first day of May, Anno Domini one thousand eight hundred and ninety-two, no fire-insurance company, corporation or association, their Use of other forms officers or agents, shall make, issue, use or deliver or use, any fire insurance prohibited. policy, or a renewal of any fire policy, on property in this state, other than such as shall conform in all particulars as to blanks, context, provisions, agreements and conditions with the printed form of contract or policy on file in the insurance department, as provided for in the first section of this act, and no other or different provision, agreement, condition or clause, shall, in any manner, be made a part of said contract or policy, or be indorsed thereon, or delivered therewith, except as hereinbefore provided for.

Ibid. § 4.

70. Any insurance company, its officers or agents, or either of them, violating any of the provisions of this act by making, issuing, delivering or offering to Violation a misdeliver, any policy of fire insurance on property in this state, except as herein- demeanor. before provided for, shall be guilty of a misdemeanor, and upon complaint made by the insurance commissioner, or by any citizen of this state, shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for the first offence, and of not less than one hundred nor more than two hundred and fifty dollars for each subsequent offence; but any policy so made, issued and delivered, shall, notwithstanding, be binding upon the company issuing the same: Provided, however, That nothing in this act shall be construed as affecting perpetual insurance now in force.

is to show that the company was deceived by a paper which was not, in fact, the application of the insured. Carrigan v. Massachusetts Beneficial Association, 42 L. I. 447. This act is constitutional. Life Association v. Musser, 120 P. S. 384. It is too late to offer to attach the application at the trial. Insurance Co. v. Dunham, 3 Atlan. 579. See Heffron v. Insurance Co., 132 P. S. 580. If the application be not annexed to the policy, it has no force whatever, and cannot be made the basis of an affidavit of defence. This act applies to insurance on property outside the state. Hebb v. Insurance Co., 27 W. N. C. 97. This act is applicable to the case of an accident policy. Pickett

v. Insurance Co., 144 P. S. 79. Where the application is referred to by the policy, but is not attached when offered in evidence, the application forms no part of the contract and the policy is admissible without it. Mahon v. Insurance Co., 144 P. S. 409. This act has no application to a beneficial association. Dickinson v. Ancient Order of United Workmen, 33 W. N. C. 471.

(aa) A by-law in a fire policy that it shall be entirely optional with the board to cancel or not as they may determine unless the property is actually sold, is in conflict with the stipulation in the body of the standard policy, and is illegal and void. Commonwealth v. Susquehanna Mutual Fire Insurance Co., 14 C. C. 438

15 April 1868 § 1.

P. L. 103. Policies for the

benefit of depend

ent relatives, not

to be liable to claims of creditors.

1 May 1876 § 25. P. L. 58.

Policies for benefit

71. All policies of life insurance, or annuities upon the life of any person, which may hereafter mature, and which have been or shall be taken out for the benefit of, or bonâ fide assigned to the wife or children of any relative dependent upon such person, shall be vested in such wife or children or other relative, full (free) and clear from all claims of the creditors of such person. (b)

72. A policy of insurance issued by any company incorporated under this act, on the life of any person, expressed to be for the benefit of any married woman, whether procured by herself, her husband, or any other person, shall inure to her separate of married women. use and benefit, and that of her children, independently of her husband or his creditors, or the person effecting the same or his creditors. If the premium is paid by any person, with intent to defraud his creditors, an amount equal to the premium so paid, with interest thereon, shall inure to their benefit.(b)

14 March 1878 § 1. P. L. 46.

73. It shall be lawful for the assignee or assignees of the whole or any part of any policy of life, fire or marine insurance, his executors or administrators, to bring Assignees may sue suit, in the name of the assignee or assignees, for his, her or their interest in any policy of insurance, against the company issuing the same, upon the happening of the contingency provided against. (c)

in their own

names.

4 March 1850 § 1. P. L. 126.

74. Whenever any policy of insurance upon any property, real or personal, granted by any body corporate or politic, shall have been lost or destroyed, such body corCopies of lost poli- porate or politic shall, on proof of the loss or destruction of the same, in the mancies to be supplied. ner hereinafter provided, furnish to the person or persons whose policy has been so lost or destroyed, a copy of the same, together with the transfers, which have been approved and recorded on the books of such body corporate, if any, which may have been made by the original or any subsequent grantee of such policy, to the person or persons having the same at the time of the loss or destruction thereof; the copy so made to be as effectual for the security and indemnification of the person or persons holding the same as the original, and subject like it to transfer to any person purchasing the property insured."

Ibid. § 2. Proceedings to

75. On the application of any person or persons to the court of common pleas of the county in which the property has been insured, setting forth the loss or destrucsupply lost policy. tion of the policy of insurance, on oath or affirmation, together with a description of the property, the amount for which it was insured, the person or persons to whom granted, if practicable, together with the mesne transfers thereof, the court shall grant a rule on the body corporate or politic which granted such policy of insurance, commanding such body corporate or politic to appear before said court, on a day certain, not less than twenty days from the service of said rule, to show cause why a copy of such policy of insurance should not be supplied, in pursuance of the provisions of the first section of this act; and on the default of such body corporate or politic to appear and show cause why such copy as aforesaid should not be supplied, the court shall issue a mandate to such body corporate or politic, to furnish such copy in ten days after the service of the same; and on the neglect or refusal of such body corporate or politic to furnish a copy as aforesaid, the court, on due proof of the service of such mandate, and the neglect or refusal of such body corporate or politic to furnish such copy, shall direct a judgment to be entered by the prothonotary in favor of the person or persons making the application, against the said body corporate or politic, for the sum for which the said policy of insurance was granted, which said judgment shall stand for the security of the plaintiff or plaintiffs, for such time as the policy of insurance itself would have done, and for the like purposes; and the costs of the proceeding shall be paid by the defendant; and the officers rendering services shall receive the like fees as are now allowed by law for similar services.

Judgment.

Fees.

Ibid. § 3.

How process to be served.

Party to make

oath to loss and refusal of a copy.

29 April 1874 § 28. P. L. 84.

76. The rule and mandate to be issued under the provisions of the preceding section, shall be directed to the sheriff of the city or county in which the body politic or corporate has its office, or any branch or agency thereof, and the service shall be sufficient, if made upon the president, secretary, treasurer or authorized agent thereof: Provided, That no rule shall be entertained by the court such as is authorized by the 2d section of this act, unless the person or persons entitled to the benefit of the policy, his agent or attorney, shall make oath or affirmation that the policy of insurance has been lost or destroyed, and that a demand for a copy of such policy was previously made of the president, secretary, treasurer or authorized agent of the body corporate or politic which granted it, and a tender of not less than one dollar for the expenses of making such copy.

XIII. Accident insurance. (d)

77. Companies incorporated under the provisions of this act, for the insurance of human beings against sickness, death or personal injury, shall have the power and right to make insurances of every kind pertaining to or connected with

(b) See Elliott's Executors' Appeal, 50 P. S. 75. United Brethren Mutual Aid Society v. Grove, 6 W. N. C. 328. Eadie v. Slimmon, 26 N. Y. 9.

(c) This has no application, where it is an express provision of the policy, that it shall not be assigned,

without the consent of the company, and such consent has not been given. National Mutual Aid So. v. Lupold, 101 P. S. 111.

(d) See sub-tit. "Mutual Insurance Companies.”

April 1874 § 28.

death, accidents of every nature and kind to human beings, and to insurances of 29 A every kind against the death, sickness or the health of human beings by disease P. L. 84. of every kind, and whether within this commonwealth or beyond it; and such Powers of life and corporations shall have the power and right to make, execute and perfect such and accident insurance so many contracts, agreements, policies and other instruments as may be required companies. therefor.

XIV. Boiler insurance.(dd)

78. Whenever any steam boiler insurance company shall have complied with 11 March 1891 § 1. the laws of this state relative to insurance companies, it shall be authorized to P. L. 5. inspect and insure boilers in all cities of the first class upon the following terms Insurance of and conditions, and no others, namely:

boilers.

79. That neither such insurance company nor its executive officers shall, di- Ibid. § 2, art. 1. rectly or indirectly, be interested in the manufacture or sale of steam boilers or Companies not to of any of the appliances connected with steam engines and boilers; they shall be interested in employ skilful and competent persons for the inspection of steam boilers, who, the manufacture. before entering upon their duties, shall be duly sworn or affirmed that they will Inspectors. not accept, for the performance of their duties, any money, gift, gratuity or consideration whatsoever, from any person or persons other than the insurance company which employs them, and that they will not, directly or indirectly, be interested in the manufacture or sale of steam boilers, or of any of the appliances connected with steam engines and boilers.

Ibid. art. 2.

Policies limited

80. That no policy of insurance shall be for a longer period than three years, and that no insurance shall be effected until the boiler shall have been inspected and tested, and its inspection, test, condition, attachments and indicators shall to three years. have been found to conform in all respects to the provisions of the existing city ordinance for the inspection of steam engines and boilers, and such ordinance or ordinances as may hereafter be enacted, and the details of such inspection, test, attachments and indicators shall have been furnished the city inspector in the form hereinafter provided for.

81. That no policy of insurance issued by such insurance company shall be valid, unless the premium upon such policy, including fee paid to city inspector as hereinafter provided for, shall be equal to or exceed in amount one and onehalf times the charges prescribed by the city ordinance for the inspection of steam boilers; nor shall such policy be cancelled or modified, so that the premium shall be less than the amount herein provided for, without notifying the city inspector thereof immediately, in writing, with the reasons therefor.

Ibid. art. 3.

Premiums.

Ibid. art. 4.

Certificate of

82. Whenever such insurance company shall have inspected a boiler or boilers as hereinbefore provided for, and shall have issued a policy of insurance thereupon, it shall be the duty of such company at the same time to issue a certificate inspection. of inspection, which shall set forth that the inspection, tests, attachments and indicators have been found to be in accordance with the requirements of the city ordinances. Such certificate shall also state the number of pounds pressure to which the boilers have been subjected in testing, together with the amount of pressure the user is authorized to carry within the same, in accordance with the provisions of the city ordinance in that case provided. It shall further state that said boiler or boilers so inspected, have been insured in said company, and that the holder of the certificate is required to maintain it in a conspicuous place near the boiler or boilers to which it refers.

83. If, for any cause, such insurance company shall cancel a policy of insurance, issued in accordance with the provisions of this act, or shall so modify the same that the premium shall be less than the amount hereinbefore provided for, such cancellation or modifications shall render the certificate of inspection previously given invalid, and notice of such cancellation shall be communicated to the city inspector immediately.

Ibid. art. 5. Cancellation of

policy.

Ibid. art. 6.

84. It shall be the duty of the inspector of steam engines and boilers, in and for all cities of the first class, to furnish all steam boiler insurance companies, Printed forms to such as aforesaid, or their authorized agents, with printed forms properly pre- be furnished by pared, with appropriate headings, for the reception of the details of inspection, inspectors. such as are furnished to his own assistants, and, in addition thereto, a form of certificate setting forth that the premium upon the policy of insurance to be issued in connection with the certificate of inspection, equals or exceeds the amount provided for in article third of section two of this act, and when these forms are returned to him properly filled up with the certificate duly signed, he shall record the same as provided for in the city ordinance; and the inspector of steam engines and boilers aforesaid is hereby authorized and required to affix his signature and official seal to the certificate of inspection of such insurance companies: Provided, The details of inspection as aforesaid shall show that the requirements of the city ordinances relative to boiler inspections have been fully complied with, and that all the provisions of this act relating to the duties of such insurance companies have been fulfilled.

(dd) See "Municipal Corporations - First Class."

11 March 1891 § 2. P. L. 5.

Compensation.

Ibid. art. 7. Notice of withholding or withdrawal of certificate.

Policies now in force.

Ibid. § 3. Violation of act a misdemeanor.

Penalty.

Fees of previous insurance.

Ibid. § 4. Repealing clause. 24 May 1887. P. L. 186.

85. The inspector of steam engines and boilers in and for all cities of the first class, shall receive for such approval, one dollar for each boiler, which shall be paid into the city treasury, but said approval shall not be in effect for a longer period than one year from the date thereof. Any person or persons possessing such certificate of inspection duly approved as hereinbefore provided for, the same not having been rendered invalid as provided for in this act, shall be deemed to possess the certificate of the inspector of steam engines and boilers for the purpose of the act of the assembly and the ordinance of the city to carry same into effect: Provided, That nothing in this act shall affect the duty of the inspector to withhold or withdraw such certificate whenever he may deem the engineer incompetent or unreliable, as provided for in the city ordinance, or whenever he may consider the boiler or boilers unsafe.

86. When the inspector aforesaid shall withhold or withdraw a certificate of inspection, by reason of the incompetence or unreliability of the engineer, as provided for in this act and in the city ordinance, for the inspection of steam boilers, or whenever he may consider the boiler or boilers unsafe, he shall give to the user of the boiler or boilers, and the insurance company issuing the policy thereon, written notice of the same, which notice shall contain a statement of the reasons for such action; this statement to be made as aforesaid, shall be equivalent to the removal of the certificate, and in case the said boiler or boilers are insured, the withdrawal of the certificate, as provided for, shall render the policy of insurance upon all boilers to which said certificate had reference, void and of no effect: Provided, That nothing herein contained shall affect any policy of insurance now in force until its expiration, which shall not exceed three years from the date thereof, except for violation of article seventh, section two.

87. If any inspector of an insurance company herein provided for shall aid in procuring an insurance of any stationary steam engine or boiler which does not comply with the conditions, or stand the test provided for in the ordinance of all cities of the first class, relative to boiler inspection, or which is not provided with the attachments and indicators required by said ordinance, or by such ordinance or ordinances as may hereafter be enacted, or shall knowingly permit an insurance to continue upon any stationary steam engine or boiler in said city, not furnished as aforesaid, he shall be deemed guilty of a misdemeanor, and, upon conviction in the court of quarter sessions for the said county, shall, for each offence, be sentenced to pay a fine, not exceeding five thousand dollars, and to undergo imprisonment in the jail of said county, either with or without labor, as the court may direct, for a term not exceeding two years: Provided, That nothing in this act shall be construed as relieving any boiler insurance and inspection company from the payment of any fees due to the city treasurer for the boilers insured prior to the passage of this act; should insurance be effected on any boiler or boilers, the owner or user of which possesses a certificate of the city inspector to the amount of fee paid to the city treasurer by such insurance company, shall bear such portion to the stipulated fee as the unexpired portion of the certificate bears to one year.

88. All acts and parts of acts inconsistent herewith are hereby repealed. 89. Companies incorporated under the laws of this state, with power to insure against loss by the explosion of steam boilers, shall be liable for all immediate loss or damage which the owner or owners of said boiler or their employés may suffer, specified in policy. or be liable for, in case of an explosion of the boilers mentioned in any policy of insurance issued by such company, for the amount specified therein.

Liable for amount

4 April 1878 § 5 cl. 5.
P. L. 20.
To calculate re-in-

unexpired fire risks.

insurances.

Ibid. cl. 6.

When to notify companies to make

XV. Fire and marine insurance.

90. For every company doing fire insurance business in this state, he (the insurance commissioner) shall calculate the re-insurance reserve for unexpired fire risks, surance reserve for by taking fifty per centum of the premiums received on all unexpired risks that have less than one year to run, and a pro rata on all premiums received on risks that have more than one year to run; and in marine and inland insurance he Marine and inland shall charge all the premiums received on unexpired risks as a re-insurance reserve. 91. Having charged against a company the re-insurance reserve, as above determined, for fire, inland and marine insurance, and adding thereto all other debts and claims against the company, he shall, in case he finds the capital stock good their capital of the company impaired to the extent of twenty per centum, give notice to the company to make good its whole capital stock, within sixty days; and if this is not done, he shall require the company to cease to do new business within this state, and shall thereupon, in case the company is organized under authority of this state, immediately institute legal proceedings, as required in this act, to determine what further shall be done in this case. Any company receiving the aforesaid notice of the insurance commissioner, to make good its whole capital stock within sixty days, shall forthwith call upon its stockholders for such amounts as will make its capital equal to the amount fixed by the charter of said company; and in case any stockholder of such company shall neglect or refuse to pay the amount so called for, after notice personally given, or by advertisement in

stock.

Penalty for neglect.

Assessments.

P. L. 20.

such time and manner as the said commissioner shall approve, it shall be lawful 4 April 1878 § 5 cl. 6. for the said company to require the return of the original certificate of stock held by such stockholder, and in lieu thereof to issue new certificates for such number of shares as the said stockholder may be entitled to, in the proportion that the ascertained value of the funds of the said company may be found to bear to the original capital of the said company; the value of such shares for which new Value of shares. certificates shall be issued to be ascertained under the direction of the said commissioner, and the company paying for the fractional parts of shares; and it shall New stock. be lawful for the directors of such company to create new stock and dispose of the same, and to issue new certificates therefor to any amount sufficient to make up Reduction of the original capital of the company. Whenever the capital stock of any joint- capital. stock fire or marine insurance company of this state becomes impaired, the commissioner may, in his discretion, permit the said company to reduce its capital stock and the par value of its shares in proportion to the extent of impairment. Provided, That in fixing such reduced capital, no sum exceeding twenty-five thousand dollars shall be deducted from the assets and property on hand, which shall be retained as surplus assets: And provided, That no part of such assets and property shall be distributed to the stockholders: And provided further, That the capital stock shall not be reduced to an amount less than that required by law for the organization of the company.

P. L. 61.

92. The provisions of this act shall not be held to apply to any fire association 1 May 1876 § 55. in any city of this commonwealth, having a representation in its board of directors or trustees from the fire companies of said city, and whose business is restricted by Nor to certain fire law to the limits of said city.

associations.

P. L. 165.

93. When any property shall be destroyed by fire, in this commonwealth, 27 June 1883 § 1. where the same is covered by policies of insurance, either held by the assured or an assignee of the same as collateral security, the conditions of insurance as to the Notice of loss by notice of loss and the furnishing of preliminary proofs, shall be deemed to have fire. been complied with, if the assured or the assignee, or either of them, shall furnish the company, at its general office, or to the agent of the company who countersigned the policy or policies of insurance, the notice of loss, within ten days from the date of the fire, and the preliminary proofs, within twenty days from said date :(e) Provided, That in case the agent who countersigned the policy or policies of insurance shall have been removed, or succeeded by some other agent of the company, after such policy was written, and prior to the date of the fire, then the notice and preliminary proofs aforesaid may be served on any other agent of the company, authorized to effect contracts of insurance and countersign policies of any such insurance companies.

XVI. Life insurance.

cies.

P. L. 20.

94. He (the insurance commissioner) shall, as soon as practicable, in each year, 4 April 1873 § 5 cl. 2. calculate, or cause to be calculated, the net value on the thirty-first day of December, of the previous year, of all the policies in force on that day in each life- To calculate net insurance company doing business in this state, organized by authority of this value of life polistate, and of every other life-insurance company doing business in this state that shall fail to furnish him, as hereinafter provided, a certificate of the insurance commissioner of the state by whose authority the company was organized, or by the state in which it may elect to have its policies valued and its deposit made, in case the company is chartered by the government of the United States, giving the net value of all policies in force in the company on the thirty-first day of December, of the preceding year, which calculation of the net value of each policy shall be based upon the American experience table of mortality, and four and one-half

per cent interest per annum: Provided, That when any life-insurance company How reserve to be shall have a cash capital of not less than five hundred thousand dollars, fully paid computed. in and safely invested, the reserve to provide for the liabilities on all policies of such company not participating in the profits of the company, shall be computed by the American experience table of mortality, with interest at not less than four and a-half, nor more than six per centum per annum, in the discretion of the commissioner, and with reference to the rates of premium charged by such company;

the net value of a policy, at any time, shall be taken to be the single net premium Value of policies. which will, at that time, effect the insurance, less the value at that time of the future net premiums called for by the table of mortality and rate of interest designated.

95. In case it is found that any life-insurance company, doing business in Ibid. cl. 3. this state, has not on hand the net value of all its policies in force, after all other Proceeding if a life debts of the company and claims against it, exclusive of capital stock, have been insurance comprovided for, it shall be the duty of the insurance commissioner to publish the pany fall below the fact that the then existing condition of the affairs of the company is below the standard. standard of legal safety established by this state, and he shall require the company at once to cease doing new business, and he shall immediately institute pro

(e) If the policy provide for immediate notice of loss but fixes no time, a reasonable time is to be allowed; the question of reasonable time is for the jury.

Ins. Co. v. Brown, 128 P. S. 392. See Sharpless v.
Insurance Co., 8 C. C. 387.