Empire Mutual Fire Insurance v. Hammerberg

On May 24, 1927, Aleck Hammerberg, defendant, made written application for a policy to the Empire Mutual Fire Insurance Company, a Michigan corporation. Insurer was a mutual company, organized under Act No. 256, Pub. Acts 1917, as amended (3 Comp. Laws 1929, § 12243 et seq.), in which members obligated themselves to pay an annual premium and necessary assessments. Prior to the cancellation of the policy, Hammerberg had paid three annual premiums, but only one assess ment that amounted to slightly more than one annual premium. Defendant refused to pay a second assessment, and suit was brought.

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