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corporation, any agent or agents for any such company or corporation, or with any 10 March 1810 § 3. person or persons who is or are not citizens of the United States, every person so offending shall, on conviction in any court of competent jurisdiction, forfeit and pay the sum of five hundred dollars, to the uses aforesaid; and in all and either case or cases, the policy or policies shall be deemed and received as conclusive evidence of such contract of insurance: Provided, nevertheless, That the penalty Marine insurance herein mentioned shall not be construed to extend to any case of marine insurance in foreign countries excepted. made in any foreign country by any agent or agents for any American merchant or merchants, so as to secure the vessel or cargo belonging to any American merchant or merchants, nor to prevent any foreigner or foreigners from having his, her or their property insured within this state, excepting only an alien

enemy.

P. L. 64.

130. No fire, marine, or fire and marine, insurance company, incorporated by 1 May 1876 § 40. any other state or government, shall be authorized to transact business in this state, unless it has a capital stock paid in and safely invested of at least two Capital of foreign hundred thousand dollars, which has not been impaired to a greater extent than companies. that permitted to companies of this state, under the act to which this is a supplement, or having a capital stock less than two hundred thousand dollars, and not less than one hundred thousand, has a surplus on hand, making the aggregate of its assets safely invested at least two hundred thousand dollars, over and above all liabilities: Provided, That this section shall not apply to companies of other states now authorized to do business in this commonwealth, until five years from and after the approval of this act, so long as said companies continue solvent and comply with existing laws: Provided, That any company with a capital paid in exceeding two hundred thousand dollars, may be admitted so long as its unimpaired capital does not fall below said amount.

Ibid. § 41.

Terms of certifi

131. The certificates issued for the present year to insurance companies of other states and governments, shall continue good until the 31st day of March, Anno Domini 1877, unless sooner revoked by the insurance commissioner; and there- cates. after, certificates shall be issued for the year, beginning with the first day of April and expiring on the thirty-first day of March succeeding.

P. L. 20.

companies, until

132. No person shall act as agent or solicitor in this state of any insurance com- 4 April 1878 § 10. pany of another state, or foreign government, in any manner whatever relating to risks, until the provisions of this act have been complied with on the part of the No person to act as company or association, and there has been granted to said company or association, agent of foreign by the commissioner, a certificate of authority, showing that the company or asso- the act be complied ciation is authorized to transact business in this state.(0) And it shall be the duty with. of every such company or association, authorized to transact business in this state, to make report to the commissioner, in the month of January of each year, under Reports. oath of the president or secretary thereof, showing the entire amount of premiums of every character and description received by said company or association in this state, during the year or fraction of a year ending with the thirty-first day of December preceding, whether said premiums were received in money or in the form of notes, credits or any other substitute for money, and pay into the state treasury a tax of three per centum upon said premiums ;(p) and the commissioners shall not Tax. have power to grant a renewal of the certificate of said company or association until the tax aforesaid is paid into the state treasury.

Ibid. § 11.

133. Companies to which certificates of authority are issued, as provided in the preceding section, shall, from time to time, certify to the commissioner the names Names of agents to of the agents appointed by them to solicit risks in this state; and no such agent be certified. shall transact business until he has procured from the commissioner a certificate, Certificates. showing that the company has complied with the requirements of this act, and that the person named in said certificate has been duly appointed its agent.

P. L. 65.

134. Any person transacting business within this commonwealth, as the agent 1 May 1876 § 47. of an insurance company of any other state or government, without a certificate of authority, as required by the act to which this is a supplement, shall be guilty Penalty for acting of a misdemeanor; and upon conviction thereof, shall be sentenced to pay a fine of as agent for foreign company without five hundred dollars; but this section shall not be held to prevent the insurance authority. commissioner from pursuing the remedy or remedies provided in the act aforesaid. The person or persons upon whose complaint such conviction is had, shall receive one-half of the fines so paid, provided the insurance commissioner or his deputy is not the complainant.

Ibid. § 48.

135. The agent of any insurance company of any other state or government, which does not comply with the laws of this commonwealth, shall be personally Personal liability. liable on all contracts of insurance made by or through him, directly or indirectly, for or in behalf of any such company.

136. Any corporation or association organized under the laws of any other state 5 June 1883 § 7. or government, to insure lives on the assessment plan, or any corporation carrying

(0) See act 1 May 1876, supra 33. An inspector of a foreign company may be indicted under those acts. List v. Commonwealth, 118 P. S. 322.

(p) This provision is not repealed by the general

P. L. 80.

act; under the new constitution foreign insurance companies may be placed in a separate class, for purposes of taxation. Germania Life Insurance Co. v. Commonwealth, 85 P. S. 513; s. c. 18 Phila. 553.

5 June 1883 § 7. P. L. 80.

to be licensed.

on the business(q) of life or accident insurance on the assessment plan, shall be licensed by the insurance commissioner, upon the payment to him of a fee of Foreign companies twenty-five dollars annually, to do business in the state: Provided, Such corporation or association shall first deposit with the commissioner a certified copy of its charter or articles of incorporation, a copy of its statement of business for the preceding year, sworn to by the president and secretary, or like officers, showing a detailed account of the expenditures and income, the amount of insurance in force, its assets and liabilities in detail, and a certificate, sworn to by the president and secretary, or like officers, setting forth that it has paid and has ability to pay its policies or certificates to the full limit named therein, a certificate from the insurance commissioner, or from a judge or clerk of a court of record of its home state, certifying that corporations or associations insuring lives on the assessment plan, and paying policies in full, or providing accident indemnity, and chartered under the laws of this state, are legally entitled to do business in its home state, a copy of its policy or certificate of membership, application and by-laws, which mustshow that death losses are, in the main, provided for by assessment upon surviving Resident agent to members; and it shall legally designate a person or agent residing in this state to receive service of process for said company, or in default of such designation, service of process may be made upon the insurance commissioner of the state, who shall be deemed its attorney for that purpose, and he shall immediately notify any corporation or association thus served. Upon complying with the aforesaid provisions of this section, the commissioner of insurance shall issue to the corporation or association so complying, a certificate of authority to do business in this state. After any such corporation or association shall have been licensed to do Annual statement. business in this state, it shall make, annually, to the insurance commissioner, under oath, before the first day of March, of each year, a statement such as is required Interrogatories to from like companies organized within this state, and answer such interrogatories

be designated. Otherwise insurance commissioner to be deemed its attorney.

Certificate.

be answered.

When license to be

revoked.

Proceedings when solvency is doubted.

as the insurance commissioner, who shall furnish a blank for the purpose, may make, in order to ascertain its financial character and condition; and shall pay, upon filing each annual statement, the sum of twenty dollars. And in the event of its failure to make such statement, on or before the first day of March of each year, the commissioner shall revoke its license; and thereafter, until such statement is made, it shall be deemed to be doing business unlawfully in this state. When the commissioner of this state shall have reason to doubt the solvency of any such foreign corporation, company or association, he shall accept a certificate from the insurance commissioner or like officer of the state under whose authority it was organized, as a sufficient proof of its solvency, and when, in the commissioner's opinion, such corporation, company or association is conducting its business fraudulently, or is not carrying out its contracts with members in good faith, he shall report the same to the attorney-general, who shall thereupon commence proceedings against such corporation, company or association, requiring it to show cause why its license to do business in this state should not be revoked. And any such foreign company, association or society, now doing business in this state, that shall may be prohibited. refuse or neglect to comply with the provisions of this act, after the space of ninety days after its passage, shall be deemed and held to be doing business unlawfully. Penalty for viola- And if any officer, agent or employé of any such corporation or association, shall tion by officer, &c. do business in this state, or assist in or knowingly permit the same, unless such corporation or association has complied with the provisions of the laws of this state applicable to the same, he shall be deemed and held guilty of a misdemeanor. and upon conviction thereof, shall be fined not more than five hundred dollars, nor less than fifty dollars, or imprisoned in the county jail not more than ninety days, or less than thirty, or both: Provided, That fraternal societies, as designated in section six of this act, organized under the laws of any other state, securing members through the lodge system, who do not employ agents, except for instituting lodges, doing business in this state, shall not be amenable to the provisions of this act, nor be required to pay the fees and make the annual statements to the insurance commissioner required by this act, or the act to which this is a supplement.

When business

Certain fraternal societies exempted.

22 April 1887. P. L. 61.

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Penalty for doing business without authority.

Ibid.

Transacting busi

not authorized.

137. Any insurance company or association not of this state, doing business without authority agreeably to the provisions of this act, shall forfeit and pay to the commonwealth the sum of five hundred dollars for each month, or fraction thereof, during each month, on and after the passage of this act, which such illegal business was transacted, and be prohibited from doing business in this state until such fines are fully paid.

138. Any person or persons, or any agent, officer or member of any corporation paying or receiving or forwarding any premiums, applications for insurance, or in ness for company any manner securing, helping or aiding in the placing of any insurance, or effecting any contracts of insurance upon property within this commonwealth, directly or indirectly, with any insurance company or association not of this state, and which has not been authorized to do business in this state under the terms of this act, shall be guilty of a misdemeanor, and on conviction thereof, shall be sentenced

(q) Mailing letters and circulars in another state is doing business in this state. Commonwealth v. Long, 1 C. C. 190.

to a fine of not less than one hundred dollars nor more than one thousand dollars, and upon conviction of a second offence shall be sentenced to pay a like fine and undergo an imprisonment not exceeding one year, or either, in the discretion of the court.(r)

22 April 1887. P. L. 61.

Ibid.

procure insurance

139. In the event of a larger line of insurance being required on any risk than that which the home companies and insurance companies or associations not of this state, but authorized to do business within this state, shall be willing to Special license to carry, that then the person or corporation desiring such insurance shall file a from unauthorized sworn statement to that effect with the insurance commissioner, and thereupon companies. the said insurance commissioner, first being satisfied of the truth thereof, shall issue a license to the person or corporation making such application, and thereupon it shall be lawful for the person or corporation so licensed as aforesaid, to procure such excess line of insurance beyond that which the home and authorized foreign companies shall be willing to carry as aforesaid, from unauthorized insurance companies or associations not of this state.

Ibid.

Duty of such

140. Every person or corporation so licensed shall, at the time of expiration of said license, make a report to the insurance commissioner of all insurance effected in pursuance of such license, and pay a tax of six per centum on the gross pre- licensee. miums thereon, which said tax shall accompany said returns. The insurance commissioner shall charge and collect for every license so issued a fee of five dollars. Fees. Every such license, so issued as aforesaid, shall expire at the expiration of three Extent. months from the date of issuing the same. (s)

141. The taxes, fines and penalties provided in this act shall, in case of non- 4 April 1878 § 15. payment, after notice from the commissioner, be collected as taxes upon corpora- P. L. 20. tions or individuals are now collected by law; and for this purpose the insurance Collection of taxes, commissioner shall have all the powers now conferred by law upon the auditor- fines and penalties. general in the settlement of accounts, subject, however, to the approval of the state treasurer, and to the right of appeal, as in other cases.

Ibid. § 16.

142. The provisions of this act shall not be applicable to insurance companies incorporated by other states, or by the United States, or by foreign governments, when to apply to until from and after the first day of January, Anno Domini 1874; nor shall it foreign companies. apply, excepting the eighth section of this act, to fire-insurance companies of this state organized and conducted on the purely mutual plan, with premium notes as the basis of security, and without capital stock, guaranty-capital or accumulated reserve in lieu of capital stock, but the mutual companies aforesaid shall, at all times, be required to answer such interrogatories as the insurance commissioner may require, in order to ascertain their true character and condition, and for this purpose he may, at any time, institute an examination into their affairs, as in the case of companies subject to the general provisions of this act.

XXI. Insurance by others than corporations.

porations prohibi

ted.

Punishment there

143. It shall be unlawful for any person, partnership or association, to issue, 4 Feb. 1870 § 1. sign, seal or in any manner execute, any policy of insurance, contract or guaranty, P. L. 14. against loss by fire or lightning, without authority expressly conferred by a charter Issue of policies by of incorporation, given according to law; and every such policy, contract or others than corguaranty, hereafter made, executed or issued, shall be void.(t) 144. Any person offending against the provisions of this act, or any person who Ibid. § 2. shall make, execute or issue any policy of insurance, contract or guaranty, against loss by fire or lightning, without being so authorized by law, shall be deemed for. guilty of a misdemeanor, and upon conviction thereof, shall pay a fine, not exceeding two hundred dollars, to the commonwealth, and the costs of prosecution: one-half of said fine shall be for the use of the informer: Provided, That nothing herein contained shall apply to any insurance company authorized by the laws of any other state to issue policies and effect insurance against loss by fire or lightning, which shall have complied with the laws of this commonwealth with respect to foreign insurance companies.

XXII. Service of process on insurance companies.

145. In addition to the remedies now provided by law, it shall be lawful for any 18 May 1889 § 1. P. L. 198. person or persons, body politic or corporate, who may have a cause of action Service of process against any insurance company incorporated by the legislature of this commonon insurance comwealth, or against any insurance company that may have an agency established panies. in this commonwealth,(u) to bring suit in a court of common pleas, or before any Extended to suits justice of the peace, alderman or magistrate, in any county where the property before a justice. insured may be located, or, in cases of live-stock insurance, where the owner Live-stock commay reside, and to direct any process to the sheriff or constable of either of the panies.

(r) This does not apply to a citizen who contracts for the insurance of his own property. Commonwealth v. Biddle, 27 W. N. C. 287.

(s) This is an amendment of the act 4 April 1873, § 14. P. L. 20.

(t) This act is unconstitutional in conferring a

power on a corporation which was forbidden to an individual. Commonwealth v. Vrooman, 51 L. I. 152. (u) A service of process on a travelling agent is not valid. Parke v. Commonwealth Insurance Co., 44 P. S. 422.

P. L. 198.

18 May 1889 § 1. counties in this commonwealth, and it shall be the duty of said sheriff or constable to execute all process directed to him under the provisions of this act, upon the president or other chief officer of the company against whom the same issued as he shall be directed, or upon the agent of any company incorporated, or not incorporated, by the legislature of this commonwealth; and the manner of service and return shall be in the same manner as like process is now by law required to be made, and the same shall be returned to the court, justice of the peace, alderman or magistrate issuing the same, and all proceedings upon any suit not under this act shall be the same as in other cases.

Service and return.

Ibid. § 2. Fees of officers.

4 April 1873 § 13. P. L. 20.

on foreign companies.

146. The fees allowed for any services performed by any officer under the provisions of this act, shall be the same as are now allowed by law for similar services in other cases: Provided, That no sheriff or other officer charged with the services of any process shall be entitled to charge travelling fees for any greater distance than the actual distance from the office of such sheriff, justice of the peace, alderman or magistrate, to the office or usual place of business of such insurance company, or to the place of residence of such agent, as the case may be, and back to the office of such sheriff, justice of the peace, alderman or magistrate: And provided further, That all legal postage, paid on any and all writs transmitted by mail, shall be charged and taxed as part of the costs.(v)

147. No insurance company, not of this state, nor its agents, shall do business in this state, until he has filed with the insurance commissioner of this state a written Service of process stipulation, duly authenticated by the company, agreeing that any legal process affecting the company, served on the insurance commissioner, or the party designated by him, or the agent specified by the company to receive service of process for said company, shall have the same effect as if served personally on the company within this state;(w) and if such company should cease to maintain such agent in this state so designated, such process may thereafter be served on the insurance commissioner; but so long as any liability of the stipulating company to any resident of this state continues, such stipulation cannot be revoked or modified, except that a new one may be substituted, so as to require or dispense with the service at the office of the said company within this state, and that such service of process, according to this stipulation, shall be sufficient personal service on the company. The term process shall be construed to mean and include any and every writ, rule, order, notice or decree, including any process of execution that may issue in or upon any action, suit or legal proceeding to which said company may be a party, by themselves, or jointly with others, whether the same shall arise upon a policy of insurance or otherwise, by or in any court of this commonwealth having jurisdiction of the subjectmatter in controversy, and all writs, rules, orders, notices or decrees aforesaid, shall be directed to the sheriff, constable or other officer authorized by law to serve similar writs, of the county wherein the same shall be issued, who is hereby authorized to serve the same on any and every person or persons, body politic or corporate, named in said process with said company, either as plaintiff, defendant or otherwise, or who may be impleaded in said action, suit or proceeding with said company, found in said county, and either before or after the service on the person or persons, body politic or corporate, found in said county aforesaid, as may be directed by the plaintiff or person issuing said process or his attorney, and in the absence of such direction, as shall be most convenient, the officer to whom said process may be directed, (ww) shall, by writing indorsed on or attached to said process, deputize the sheriff, constable or other officer of the county where the state agent designated by any company, as provided by law, to receive service of process for said company may reside, to serve the same on him; and in default of an agent appointed by the company as aforesaid, then the officer so charged with the service of said process, shall, in like manner, deputize the sheriff, constable or other officer aforesaid of the county where the agent, if any there be, named by the insurance commissioner may reside, to serve the same on him; and in default of such agent named by the insurance commissioner as aforesaid, then in like manner to deputize the sheriff, constable or other offier as aforesaid of the county where office of the insurance commissioner may be located, to serve the same upon him; and each and every service so made, shall have the same force and effect, to all intents and purposes, as personal service on said company, in the county where said process issued; and the fees of the officers serving said process shall be the same as are allowed by law for services in similar cases, with mileage allowed by law in such cases, the distance to be com

(v) This act is an amendment of 24 April 1857, §§ 1, 2, P. L. 318. This act is extended to life and accident insurance companies, by act 8April 1868, P. L. 70. And therefore, suit may be brought against a life-insurance company, in the county where the persons insured resided. Quinn v. Fidelity Beneficial Association, 100 P. S. 382.

(w) Service of process must be made upon the agent designated by the company, at his office or place of business; service cannot be made upon an agent sent out to solicit risks; and the sheriff's return is not conclusive as to the fact of agency. Lib

long v. Kansas Fire Insurance Co., 82 P. S. 413. And see Thorne v. Travellers' Insurance Co., 80 Ibid. 15. Darlington v. Rogers, 13 Phila. 102.

(ww) In an action before a justice against a foreign insurance company, where the special deputation does not show that it was made by a constable of the proper county, and the record does not show that he appeared before the justice to make his return or identify his official character, a judgment by default will be reversed on certiorari. Metropolitan Life Insurance Co. v. Cook, 14 C. C. 434.

P. L. 20.

puted from the residence of the officer serving or executing the same, and no further, 4 April 1878 § 13. and all necessary postage paid by either of said officers shall be charged for as costs in the case.

se.(x)

XXIII. Annual statement.

ments.

148. All insurance or trust companies created by the laws of this commonwealth 5 April 1842 § 6. P. L. 246. shall on or before the third Tuesday of January 1843, and annually thereafter, publish in one or more newspapers in the city or county in which they may have been Publication of established, a detailed statement of the assets belonging to the said institutions, that annual stateis to say: a description of the property; if real estate, what kind and where; if mortgages, whether first, second or otherwise; if stock, what kind and a description of the same; designating, if bank stocks, what bank or banks, what amount, if any, that is loaned upon other securities, together with the amount of cash upon hand, at the time said statement shall be made.

23 June 1885. P. L. 184.

missioner.

149. Every insurance company, including individuals, partnerships, joint-stock associations and corporations, conducting any branch of insurance business in this state, must transmit to the insurance commissioner a statement of its condi- Annual statements tion and business for the year ending on the preceding thirty-first day of Decem- to insurance comber, which statement shall be rendered on the first day of January following, or within sixty days thereafter, except that foreign companies shall transmit their statement of business, other than that done in the United States prior to the By foreign comfollowing first day of July following, or within sixty days thereafter; which statements must be in form and state the particulars required by the blanks prescribed by the commissioner; and the insurance commissioner may require, at

panies.

any time, statements from any company doing business within this state, or from Statements on any of its officers or agents, on such points as he deems necessary and proper to particular points. elicit a full exhibit of its business and standing; all of which statements herein required must be verified by the signatures and oaths of the president or vice

president, with those of the secretary or actuary.

Business to stop

150. No company, having neglected to file a statement required of it within the Ibid. time and manner prescribed, shall do any new business after notification by the insurance commissioner, while such neglect continues; and any company or asso- on neglect. ciation neglecting to make and transmit any statement required, shall forfeit one Penalty. hundred dollars for each day's neglect.

151. Any foreign fire-insurance company, doing business in this commonwealth, Ibid. may at its option include in its statements to the insurance commissioner its Foreign company foreign business and assets, but shall be required to return only the business not required to done in the United States, and the assets held by and for it within the United report foreign States, for the protection of policy-holders therein.(y)

XXIV. Taxation of insurance companies.(z)

business.

4 April 1873 § 17.

152. It shall not be lawful for any city, county or municipality to impose or P. L. 20. collect any license fee or tax upon insurance companies or their agents, authorized No local taxes to to transact business under this act.

XXV. Insurance on state normal schools.

be assessed.

3 June 1885 § 1. P. L. 71.

153. All moneys received or that may hereafter be received by the commonwealth from any insurance policy or policies upon buildings belonging to any of the state normal schools, shall be held by the state treasurer in trust for the repair- To be held in trust ing and rebuilding of the part covered by such insurance policy or policies, under for repairing and direction of the trustees of such normal school.

rebuilding.

be drawn.

154. When the trustees of any normal school, whose buildings, insured for the Ibid. § 2. use of this state, have been injured or destroyed by fire, shall have repaired or rebuilt the part covered by such insurance policy or policies, and shall satisfy the When warrant to board of public instruction, consisting of the governor, attorney-general and superintendent of public instruction, that the amount of insurance money received by the state has been expended on such repair or rebuilding, the superintendent of public instruction shall draw his warrant in favor of said normal school for Funds. the amount of such insurance money or for such part thereof as the said board of public instruction shall be satisfied has been expended on such repair or rebuilding, and the state treasurer is authorized and required to pay said warrant out of the insurance money thus received.

(x) So amended by act 20 June 1883, P. L. 134.

(y) This is an amendment of the act 4 April 1873, § 12, P. L. 20.
(z) See tit. "Taxes."

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