Robbins v. Farmers' Mut. Fire Ins. Ass'n

• Decision Date: 09 June 1926
• Docket Number: No. 60.,60.
• Citation: 133 A. 513
• Parties: ROBBINS v. FARMERS' MUT. FIRE INS. ASS'N.
• Court: New Jersey Supreme Court

133 A. 513

ROBBINS

v. FARMERS' MUT. FIRE INS. ASS'N.

No. 60.

Supreme Court of New Jersey.

June 9, 1926.

Action by Marcus Robbins 'against the Farmers' Mutual Fire Insurance Association. Defendant's motion for a directed verdict was refused. On defendant's rule to show cause. Rule made absolute.

Argued October term, 1925, before GUMMERE, C. J., and KALISCH and CAMPBELL, JJ.

Elmer King, of Morristown, for the rule.

Joseph T. Lieblich, of Paterson, opposed.

PER CURIAM. This is an action brought to recover a fire loss on a policy of insurance issued November 13, 1922, by the Farmers' Mutual Fire Insurance Association to Michael Sosnowski (the assignor of the plaintiff), expiring by limitation of time on November 13, 1925. The defendant is a mutual company. The fire losses against which it issues its policies are met by assessments on the notes of the policy holders given at the time the policies are issued. The present policy is in form the standard required by our statute. Among its provisions are the following:

"(1) When there shall be claims against the company for losses, the board of directors may order the secretary to levy an assessment on the promissory notes held by the company for such a percentage as will pay said claims and the cost of assessment and collection; a notice of the amount of each assessment mailed to each member shall be deemed to have been duly and legally served upon him. In case any member shall neglect or refuse to pay his assessment * * * within thirty days from the date of the notice thereof, his policy shall immediately thereafter become null and void. (2) This policy is made and accepted subject to the foregoing stipulations and provisions, * * * and no officer, agent or other representative of this company shall have power to waive any provision or condition of this policy, except," etc.

Fire losses having occurred during the year 1923, an assessment was levied to pay such losses, and a notice of such assessment was issued on October 1, 1923, to the various policy holders. The fact was undisputed that a copy of this notice was mailed to Sosnowski on October 11, 1923. It contained a statement of the amount of the assessment upon his premium note, and concluded as follows:

"In default of payment within thirty days from the date of this notice, your policy will be null and void."

Sosnowski on the witness stand denied that he had received the notice mailed to him, but testified that on the 12th of November, 1923,...