PINCUS v. MUTUAL ASSURANCE CO.

No. 4604.

4 Pa. D. & C. 3d 71 (1976)

Pincus v. The Mutual Assurance Company

Common Pleas Court of Philadelphia County, Pennsylvania.

December 3, 1976.


Attorney(s) appearing for the Case

Pace Reich, for plaintiffs.

Harvey Bartle and Erwin Lodge, Irwin Paul, Robert Rosen, Wm. Ewing, Michael Rutenberg, Jenkins, Miller & Jenkins, for defendants.


KALISH, J., December 3, 1976.

I. ISSUES

Plaintiffs, Erwin L. Pincus and his wife, Hinda, perpetual fire insurance policyholders with defendant, The Mutual Assurance Company ("Mutual"), have brought this action in equity on behalf of themselves and all other similarly situated Mutual policyholders, seeking to compel Mutual to distribute $10,000,000 of its assets currently held in an unallocated fund.1 Plaintiffs contend...

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