Gully v. Lumbermen's Mut. Casualty Co.

I concur in that part of the majority opinion which allows a recovery from the year 1932 to the date of the suit; but I dissent from the holding that amounts prior to 1932 cannot be recovered. I take it that but for section 5289, Code of 1930, the appellant could recover for each of the years sued for. I do not understand the majority to hold that the recovery could not be had in the absence of a section like 5289, which reads as follows: "Except as provided herein, or as such companies may be hereafter expressly designated in any other law by express use of the word or description `mutual,'…