Chichester, Admr. v. New Hampshire Fire Ins. Co.
Supreme Court of Connecticut
Action to recover the amount of a loss under a policy of fire insurance, brought to the Superior Court in Fairfield County where successive demurrers to portions of the reply were sustained (Thayer and Robinson, 7s.), and subsequently judgment was rendered (Ralph Wheeler, I.') for the defendant, from which the plaintiff appealed for alleged errors in the rulings of the court. This action was brought upon a policy of insurance against fire issued to Susan Anderson.
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Action to recover the amount of a loss under a policy of fire insurance, brought to the Superior Court in Fairfield County where successive demurrers to portions of the reply were sustained (Thayer and Robinson, 7s.), and subsequently judgment was rendered (Ralph Wheeler, I.') for the defendant, from which the plaintiff appealed for alleged errors in the rulings of the court. This action was brought upon a policy of insurance against fire issued to Susan Anderson. The buildings insured were destroyed by fire on November 15th, 1898. Susan Anderson died about November 1st, 1898. One Charles…
1Opinion of the CourtHamersley, J.
The provision in the policy sued upon requiring an action to be brought “ within twelve months next after the fire” does not operate as a statute of limitations ; it is a part of the contract; the rights of the parties flow from the contract, and must be governed by the rules of law applicable to contracts. Such a provision in a contract of insurance is valid and binding upon the parties. Woodbury Savings Bank v. Charter Oak Ins. Co., 31 Conn. 517, 529; Cray v. Hartford Fire Ins. Co., 1 Blatch. 280, 289 ; Riddlesbarger v. Hartford Ins. Co., 7 Wall. 386, 391.
The insurer’s promise to indemnify…
2Cases cited4 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- Semmes v. Hartford Insurance CompanySupreme Court of the United States · 1871
- Chambers v. Atlas InsuranceSupreme Court of Connecticut · 1883
3Cited by30 opinions
- Gratz v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1924
- Korb v. Bridgeport Gas Light Co.Supreme Court of Connecticut · 1917
- Monteiro v. American Home Assurance Co.Supreme Court of Connecticut · 1979
- Massie v. Blue Cross & Blue ShieldSupreme Court of Virginia · 1998
- Bocchino v. Nationwide Mutual Fire InsuranceSupreme Court of Connecticut · 1998
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