Given v. Rettew

Citations

• 162 Pa. 638
• 29 A. 703
• 1894 Pa. LEXIS 1034

Syllabus

<p>Live stock insurance — Mutual companies — Assessment.</p> <p>Where an insurance company, although organized upon the mutual plan, has the power to issue cash policies, the mere fact of membership does not necessarily imply the liability to assessment.</p> <p>In such a case a person applying for insurance, who is given a policy which upon its face is for cash alone, is not bound by a by-law of which he has no notice, providing that every member should be liable “ to pay ■his or her proportion of all losses and expenses at such time or times as the directors for the time being may require, in proportion to the amount insured by such members.”</p> <p>Corporations — By-laws—Notice.</p> <p>While the member of a mutual insurance company is bound to inform himself of the by-laws of the company after he has become a member, and to govern his future conduct by them, he is not bound to make himself acquainted with the by-laws before he becomes a member, and if he makes a contract with the company which excludes them in any particular, in that particular they do not bind him.</p>