Legal Opinion

Allen v. Patrons' Mutual Fire Insurance Co. of Michigan, Ltd.

Michigan Supreme Court

Decided March 13, 1911No. Docket No. 131PublishedCited by 2 opinions

Error to Arenac; Sharpe, J. Assumpsit by George Allen against the Patrons’ Mutual Fire Insurance Company of Michigan, Limited, on a policy of insurance. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error. On October 16, 1908, plaintiff made application for insurance in defendant company, and on October 19, 1908, policy No. 9,747 was issued and delivered to him.

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Error to Arenac; Sharpe, J. Assumpsit by George Allen against the Patrons’ Mutual Fire Insurance Company of Michigan, Limited, on a policy of insurance. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error. On October 16, 1908, plaintiff made application for insurance in defendant company, and on October 19, 1908, policy No. 9,747 was issued and delivered to him. By the terms of this policy the value of plaintiff’s bam was fixed at $800, and the amount of the insurance thereon at $500. The insurance upon the contents thereof was fixed at $200.…

1Opinion of the CourtBrooke, J.

(after stating the facts). Can plaintiff maintain his action upon a policy without first complying with the rules of the defendant association, of which he was a member ? Those regulations are plain and specific, and the right of the parties to contract with reference thereto is undoubted. The reasons which impel members of a mutual company to make such a contract with each other are obvious. It may be supposed that by reason thereof losses are settled more equitably and expeditiously and needless litigation avoided. Such contracts have been frequently upheld by this court. Van Poucke v. St.…

2Cases cited13 opinions

  1. Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
  2. Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
  3. Van Poucke v. Netherland St. Vincent De Paul SocietyMichigan Supreme Court · 1886
  4. Canfield v. Great Camp of the Knights of the MaccabeesMichigan Supreme Court · 1891
  5. Fillmore v. Great Camp of the Knights of the MaccabeesMichigan Supreme Court · 1895

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3Cited by2 opinions

  1. Maryland Casualty Co. v. McGeeMichigan Court of Appeals · 1971
  2. Bone v. Grange Mutual Fire InsuranceMichigan Supreme Court · 1921

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