Legal Opinion

Beeman v. Farmers Pioneer Mutual Insurance

Supreme Court of Iowa

Decided December 17, 1897PublishedCited by 13 opinions

Appeal from Keohuh District Court. — ITon. A. R. Dewey, Judge. The defendant is a mntu'al insurance company, and on the thirtieth day of October, 1893, it issued its policy to the plaintiff, for the term of five years, on certain property, including a frame dwelling house, which was, on the eleventh day of March, 1896, entirely destroyed 'by fire and this action is to recover therefor.

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Appeal from Keohuh District Court. — ITon. A. R. Dewey, Judge. The defendant is a mntu'al insurance company, and on the thirtieth day of October, 1893, it issued its policy to the plaintiff, for the term of five years, on certain property, including a frame dwelling house, which was, on the eleventh day of March, 1896, entirely destroyed 'by fire and this action is to recover therefor. The answer •admits the insurance and loss alleged, and shows that the defendant company is a mutual insurance company that can insure no person not a member of the association; that plaintiff 'became a member…

1Opinion of the CourtGranger, J.

1 I. There was no estoppel because of the second assessment, for the reason that it was the right, if not the duty, of the association to make it. The building 'burned was but a part of the property insured, and by the terms of the contract the plaintiff could at any time within the life of the policy on its face pay delinquent assessments, and *86restore the policy. The language of the article of the constitution of the association above quoted is: “Should any member fail to pay his assessment within thirty days from the date of the notice of his assessment, his insurance shall be null and void…

2Cases cited1 opinion

  1. McGowan v. Northwestern Legion of HonorSupreme Court of Iowa · 1896

3Cited by13 opinions

  1. Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
  2. Salmon v. Farm Property Mutual InsuranceSupreme Court of Iowa · 1915
  3. Commercial Ins. Co. of Newark v. BurnquistDistrict Court, N.D. Iowa · 1952
  4. Johnston v. Phelps County Farmers' Mutual InsuranceNebraska Supreme Court · 1901
  5. Corson v. Iowa Mutual Fire InsuranceSupreme Court of Iowa · 1902

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