Partridge v. Michigan Mutual Windstorm Insurance

Plaintiffs’ rights and defendant’s liability are fixed by the terms of their contract, so the controlling consideration is determination of the contract provisions. Justice Clark interprets their contractual relation as one which does not provide that their respective rights and liabilities are subject to subsequent changes in defendant’s by-laws. In this I cannot agree. This policy expressly provides that plaintiffs became members of the mutual defendant company “according to the charter and by-laws.” The charter and by-laws are printed as a part of the policy. Article 12 of the charter…