Cotter v. Central Mutual Hail & Cyclone Insurance

The defendant claims that the company is not liable for the loss because the policy was by its terms suspended by the plaintiff’s failure to pay the 1927 assessment and no loss was payable during her default. A priori, this contention should be sustained. The plaintiff makes two claims in avoidance of it: (1) That the defendant is a town mutual insurance company; and if not, that it is estopped from claiming to the contrary by reason of its quotation of sec. 202.1Í (3), applicable to such companies, in its notices of assessments; and that suspension of the plaintiff did not result from…