Legal Opinion

Bennett v. Ætna Insurance

Massachusetts Supreme Judicial Court

Decided May 17, 1909PublishedCited by 16 opinions

Contract, by the trustee in bankruptcy of the estate of Adelard J. Dubois, on a policy of fire insurance in the Massachusetts standard form- issued by the defendant to Dubois. Writ dated December 8, 1905. In the Superior Court the case was submitted to Grashill, J., upon the pleadings and exhibits and an agreed statement of facts. The judge found for the plaintiff in the sum of $550, with interest thereon from the date of the writ.

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Contract, by the trustee in bankruptcy of the estate of Adelard J. Dubois, on a policy of fire insurance in the Massachusetts standard form- issued by the defendant to Dubois. Writ dated December 8, 1905. In the Superior Court the case was submitted to Grashill, J., upon the pleadings and exhibits and an agreed statement of facts. The judge found for the plaintiff in the sum of $550, with interest thereon from the date of the writ. The defendant alleged exceptions, raising the single question which is stated in the opinion. The case was submitted on briefs at the sitting of the court in…

1Opinion of the CourtKnowlton, C. J.

This is an action by a trustee in bankruptcy to recover under a policy of fire insurance in the Massachusetts standard form. One provision of the policy is that, “ In case of any loss or damage under this policy, a statement in writing, signed and sworn to by the insured, shall be forthwith rendered to the company, setting forth the value of the property insured, the interest of the insured therein, all other insurance thereon, in detail, the purposes for which, and the persons by whom the building insured, or containing the property insured, was used, and the time at which, and manner in…

2Cases cited3 opinions

  1. Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
  2. Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904
  3. Cook v. North British & Mercantile InsuranceMassachusetts Supreme Judicial Court · 1903

3Cited by16 opinions

  1. Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
  2. Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
  3. Mutual Trust Life Insurance Company v. WemyssDistrict Court, D. Maine · 1970
  4. Sheehan v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1937
  5. Kothe v. Phoenix Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1929

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