Legal Opinion · Dissent

Richard Marchessault v. National Grange Mutual Liability Company

Court of Appeals for the Second Circuit

Decided January 20, 1956No. 23744_1Published

1DissentFrank, Circuit Judge

In February 1953, plaintiff requested and received from defendant, through an insurance agency, a policy against liability in the amount of $5,000 for each injured person and $10,000 for each accident. Defendant received payment of the premium for this policy in the amount of $81.76.

In October, 1953, without any request by plaintiff, the defendant issued an endorsement providing additional coverage. This endorsement, sent to the agency, plaintiff did not receive, but the agency notified plaintiff of its issuance. The additional premium demanded of plaintiff for this increased coverage was…

2Cases cited8 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Gaunt v. John Hancock Mut. Life Ins. Co.Court of Appeals for the Second Circuit · 1947
  3. Raymond G. Cahill v. The New York, New Haven & Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1955
  4. Millman v. SwanSupreme Court of Virginia · 1925
  5. Broidy v. State Mut. Life Assur. Co. Of Worcester, Mass.Court of Appeals for the Second Circuit · 1951

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