Follett v. Standard Fire Insurance
Supreme Court of New Hampshire
Assumpsit, upon a fire insurance policy. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1914, of the superior court by Kivel, J. The contract of insurance provides that “this policy shall be void . . . if the insured shall make any attempt to defraud the company either before or after the loss.” The defence was based upon alleged attempts to defraud after the loss occurred.
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Assumpsit, upon a fire insurance policy. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1914, of the superior court by Kivel, J. The contract of insurance provides that “this policy shall be void . . . if the insured shall make any attempt to defraud the company either before or after the loss.” The defence was based upon alleged attempts to defraud after the loss occurred. Subject to the defendant’s exception, the jury were instructed as follows: “It is for you to say whether there was a fraudulent overvaluation under oath of the property that was destroyed;…
1Opinion of the CourtPeaslee, J.
In their contract for insurance the parties agreed that any attempt on the part of the insured to defraud the insurer, either before or after the loss, should defeat the policy. There was evidence of overvaluation in a sworn proof of loss, and that the plaintiff again swore falsely upon the same subject when testifying before the jury. The exceptions raise the question of how the jury should be instructed upon these matters.
The parties agreed that an attempt to defraud should work a forfeiture of the plaintiff’s rights under her policy. This being so, it was not essential that the fraud be…
2Cases cited1 opinion
- People v. . MoranNew York Court of Appeals · 1890
3Cited by16 opinions
- Giuseppe Lomartira, A.K.A. v. American Automobile Insurance Company, Giuseppe Lomartira, A.K.A. v. Queen Insurance Company of America, Dfendant-AppelleeCourt of Appeals for the Second Circuit · 1967
- Lomartira v. American Automobile Insurance CompanyDistrict Court, D. Connecticut · 1965
- Columbian Ins. v. Modern Laundry, Inc.Court of Appeals for the Eighth Circuit · 1921
- American Paint Service, Inc. v. The Home Insurance Company Of New YorkCourt of Appeals for the Third Circuit · 1957
- World Fire Marine Ins. Co. v. TappCourt of Appeals of Kentucky (pre-1976) · 1939
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