United Woodman Benefit Ass'n v. Ivy

Citations

• 112 Miss. 494
• 73 So. 564

Syllabus

<p>1. INSURANCE. Mutual benefit insurance. Liability. Appeal and error. Record. Presumption.</p> <p>Under a mutual benefit.insurance policy, providing for the payment of a sum -equal to the total assessments of members who shall meet their assessments and not to exceed one thousand dollars, the liability is prima-facie one thousand dollars and in case of a suit on such policy the burden of proof would then rest upon the association, in the event it desired to reduce the amount claimed by the insured under the policy, to allege aná prove that the sum collected from its members by the assessment was less than one thousand dollars, since such fact is peculiarly, within the knowledge of the officers of the benefit association.</p> <p>2. Insurance. Mutual benefit insurance. Liability.</p> <p>In a suit on such a policy the declaration for recovery thereon need not allege failure or refusal to make the assessment, or that if the assessment were made the full amount would have been collected.</p> <p>3. .Appeal and Error. Record. Presumption.</p> <p>In an action on a mutual benefit policy if it was necessary to produce the original policy, on appeal this will be presumed to have been done, where the record by bill of exceptions or otherwise fails to show that the policy was not produced on the trial.</p>