Brockway v. Michigan Mutual Hail Insurance
Michigan Supreme Court
Error to Genesee; Brennan (Fred W.), J. Assumpsit by Marion Brockway against the Michigan Mutual Hail Insurance Company on a policy of insurance. Judgment for plaintiff on a! directed verdiet. Defendant brings error.
1Opinion of the CourtSharpe, J.
I cannot concur in the foregoing opinion. A verdict was directed for plaintiff. The proofs must therefore be considered in the light most favorable to defendant. I find the following facts to be established, and note wherein there is any dispute:
1. The defendant is a mutual company, its ability to pay claims being dependent upon its collection of assessments.
2. On March 14, 1912, plaintiff applied for membership and a certificate was issued protecting him against damage by hail to the amount of $700.
3. By the terms of this certificate, the defendant reserved the right to cancel it “at any…
2Cases cited4 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Hill v. Farmers' Mutual Fire-InsuranceMichigan Supreme Court · 1901
- Staffan v. Cigarmakers' International Union of AmericaMichigan Supreme Court · 1918
- Edgerly v. Ladies of the Modern MaccabeesMichigan Supreme Court · 1915