Cuttle v. Concordia Mut. Fire Ins. Co.

In June, 1933, plaintiffs insured their farm property with defendant, Concordia Mutual Fire Insurance Company. On May 4, 1938, plaintiffs suffered a fire loss and made a claim under their policy which defendant refused to pay, claiming that it was relieved of liability because of plaintiffs ’ default in the payment of an assessment, in accordance with defendant’s bylaws which were made a part of the insurance agreement and which, so far as here pertinent, provide:

“Notice of such assessment shall be-sent by mail to each member to the last-known post-office address as shown by the records of…