Wissert v. Farmers' Fire Relief Ass'n

On Petition for Rehearing

(41 P. (2d) 1063)

KELLY, J.

In a petition for rehearing, plaintiffs contend that the charge of fifty cents per hundred authorized by Article VIII of defendant’s by-laws is restricted to full terms of five years. We are unable to find anything in the by-laws so restricting it.

It is true that the term of the policy issued to plaintiffs is five years. It is also true that $20 only is referred to therein as the premium. As to this policy, if the $20 is to be taken as the premium, the record is barren of anything indicating that a second assessment was ever levied against…