Urbaniak v. Firemen's Insurance Co. of Newark, New Jersey
Massachusetts Supreme Judicial Court
Two actions of contract upon policies of fire insurance in the Massachusetts standard form to recover the insurance on property destroyed by fire on October 5, 1908. Writs dated July 19, 1909. In the Superior Court the cases were tried together before Hitchcock, J. The material evidence is described in the opinion. At the close of the plaintiffs’ evidence the judge ordered verdicts for the defendants; and the plaintiffs alleged exceptions.
1Opinion of the CourtBraley, J.
The policies being in the standard form prescribed by R. L. c. 118, § 60, the plaintiffs after the loss were required to render forthwith to the company a statement in writing, signed and sworn to, setting forth the value of the property insured, their interest therein and other insurance thereon in detail, the purpose for which and the persons by whom the building insured was used, “and the time at which and the manner in which the fire originated, so far as known to the insured.” While conceding that such statements were not furnished, the plaintiffs contend, that this condition was waived…
2Cases cited4 opinions
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Secoulsky v. Oceanic Steam Navigation Co.Massachusetts Supreme Judicial Court · 1916
- Rockwell v. Hamburg-Bremen Fire InsuranceMassachusetts Supreme Judicial Court · 1912
3Cited by13 opinions
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Shapiro v. Security InsuranceMassachusetts Supreme Judicial Court · 1926
- Liddell v. Standard Accident InsuranceMassachusetts Supreme Judicial Court · 1933
- Bogosian v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1944
- Augenstein v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1977
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