Farmers' Mutual Ins. v. Mylin

Citations

• 2 Monag. 459
• 15 A. 710
• 1888 Pa. LEXIS 795

Syllabus

<p>In an action against a mutual fire insurance company to recover additional insurance not noted on the original policy, the policy is admissible to prove membership in the company, to be followed by evidence of the contract for additional insurance.</p> <p>A provision in the charter as to premiums was as follows : “Every person who shall become a member of the company, by effecting insurance therein, shall, before he receives his policy, deposit with the treasurer the sum of twenty-five cents for every thousand dollars’ worth of property he shall have insured, for the purpose of defraying such incidental charges as shall be necessary for transacting the business of said company.” One of the by-laws provided that any person having the consent of the majority of the directors, and paying into the treasury, at the rate of twenty-five cents on each thousand dollars’ worth of property insured, and otherwise complying with its requisitions, may become a member of the company. Held, that these provisions do not apply to a contract for additional insurance in a mutual company, where the insured is already a member, and has paid the premium, and the practice of the company is not to issue policies for additional insurance.</p> <p>It is not error to submit to the jury the question of a contract for additional insurance, where the evidence to prove the contract showed that the premium, if paid, was paid to the secretary in drinks, it appearing by the evidence that a similar amount of insurance was noted on the policy-record book by the secretary, and that assessments were levied and paid on this amount.</p>