Legal Opinion

Mirunczak v. Michigan Farmers Mutual Fire Ins.

Michigan Supreme Court

Decided April 1, 1940No. Docket No. 7, Calendar No. 40,785Published

1Opinion

Plaintiffs sued defendant to recover on an insurance policy. From judgment for defendant, plaintiffs appeal, claiming the trial court erred in directing a verdict for defendant.

Defendant contends the suit is barred by the statute and bylaws of the company requiring it to be commenced within 12 months next after the date of loss, and that plaintiffs were never members of the company.

In Becker v. Farmers' Mutual Fire Ins. Co., 48 Mich. 610, it was said:

"Existing bylaws are in such cases of mutual insurance very properly regarded as entering into the contract and binding the members and open…

2Cases cited13 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Dahrooge v. Rochester German InsuranceMichigan Supreme Court · 1913
  3. Becker v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1882
  4. Friedberg v. Insurance Co. of North AmericaMichigan Supreme Court · 1932
  5. Voorheis v. People's Mutual Benefit SocietyMichigan Supreme Court · 1892

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