Ballard v. Globe & Rutgers Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance of an automobile against theft. Writ in the Municipal Court of the City of Boston dated September 22,1919. On removal to the Superior Court, the action was tried before Sanderson, J. The material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $1,526.13; and the defendant alleged exceptions.
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Contract upon a policy of insurance of an automobile against theft. Writ in the Municipal Court of the City of Boston dated September 22,1919. On removal to the Superior Court, the action was tried before Sanderson, J. The material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $1,526.13; and the defendant alleged exceptions. The case was submitted on briefs..
1Opinion of the CourtCarroll, J.
This is an action of contract on a policy of insurance to recover for the loss by theft of an automobile. It was stated in the policy that the automobile insured was fully paid for and "is not Mortgaged or otherwise Encumbered.” The *35plaintiff acquired it under a conditional sale agreement in writing, by which it was to remain the property of the seller until fully paid for. Five hundred dollars of the agreed price was unpaid when the policy issued, and at the time of the loss $200 remained unpaid. It was expressly stated as a condition of the policy that it was to be null and void if the…
2Cases cited4 opinions
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Lee v. Prudential Life InsuranceMassachusetts Supreme Judicial Court · 1909
- Fondi v. Boston Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1916
- Batchelder v. Queen InsuranceMassachusetts Supreme Judicial Court · 1883
3Cited by19 opinions
- Ledvinka v. Home InsuranceCourt of Appeals of Maryland · 1921
- Mishiloff v. American Central InsuranceSupreme Court of Connecticut · 1925
- Faris v. Travelers Indemnity Co.Massachusetts Supreme Judicial Court · 1932
- Reidy v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1923
- Shurdut v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1947
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