Winters Mut. Aid Ass'n v. King

BAUGH, Justice.

Suit was by appellee as plaintiff against appellant association upon an accident insurance policy. Appellant operated as a local mutual aid association upon the mutual plan of assessment as needed against members to pay claims. Appellee’s injury was a broken leg, for which the policy provided a maximum payment of $250. Appellant’s defense was that appellee’s policy had lapsed from nonpayment of assessments against him prior to the date of the injury. In reply appellee pleaded an established custom of appellant association of accepting payments of assessments subsequent to the…