Pleading — Statement of claim — Attaching copy of insurance policy — Action for unearned premium upon cancellation.
1. Where an action is brought to recover the return or unearned premium of a policy payable to the insured on cancellation of the policy, it is not necessary that a copy of the policy be appended to the statement of claim.
Unincorporated associations — Action by representation — Action as ratification of act of agent — Cancellation of insurance policy — Unearned premium — Cancellation directed by bishop of diocese.
2. An unincorporated association, consisting of many members, may sue by representation.
3. In an action on behalf of an unincorporated religious association to recover the return or unearned premium due the association on the cancellation of a fire insurance policy covering its property which had been issued by the defendant, a defense that the pastor of the religious group had acted without authority in cancelling the policy, was without merit, since the action of the association in bringing suit constituted in itself ratification of the action of the pastor.
4. Where the policy in such case provided that it might be cancelled at any time at the request of the insured by giving stated notice, the right of cancellation by the insured was absolute, and it was no defense that such cancellation had been arbitrarily directed by the bishop of the diocese.
Argued November 21, 1934.
PER CURIAM, April 15, 1935:
Judgment was entered in the court below against the defendant for want of a sufficient affidavit of defense in an action of assumpsit. The action was brought by certain members of St. Bernard's Roman Catholic Church, an unincorporated association, on its behalf, to recover the return or unearned premium due the church on the cancellation of a fire insurance policy covering the church property which had been issued by the defendant insurance company.
The action was not brought to recover a loss under the policy, but for the return or unearned premium payable on its cancellation. It was not necessary to append a copy of the policy to the plaintiff's statement.
The opinion of Judge PATTERSON of the court below clearly and concisely states the facts involved and the law applicable to the case.
The judgment is affirmed on that opinion.