Gilman v. Dwelling-House Insurance
Supreme Judicial Court of Maine
On REPORT. Assumpsit on a policy of fire insurance. Tbe law court were to determine all questions of law and fact, and render judgment accordingly.
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On REPORT. Assumpsit on a policy of fire insurance. Tbe law court were to determine all questions of law and fact, and render judgment accordingly. Plea, general issue, and brief statement as follows: 1. That the plaintiff at the time the policy of insurance declared on was issued, and at the time the buildings insured were destroyed by fire, was not the owner of said buildings and had not an insurable interest therein. 2. That the statement of title to said buildings at the time of procuring said policy of insurance was erroneous, and that the difference between the property, as described…
1Opinion of the CourtFoster, J.
The parties to this policy of insurance have, by the terms of their contract, avoided some of the questions arising in other cases. Oftentimes the numerous conditions annexed to the contract, upon the breach of any one of which the parties agreeing that the policy shall be void, have given rise to embarrassments and discussions in different courts, and led, in some instances, to an apparent conflict of opinion if not of decision.
The present case is free from all embarrassments arising out of any conditions ingrafted upon the policy, and but two questions are presented for our consideration:…
2Cases cited10 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tischendorf v. Lynn Mutual Fire InsuranceWisconsin Supreme Court · 1926
- Farmers' Union Mutual Protective Ass'n v. San Luis State BankSupreme Court of Colorado · 1929
- New Jersey Insurance v. RowellSupreme Court of Georgia · 1924
- Helvetia Swiss Fire Insurance v. Edward P. Allis Co.Colorado Court of Appeals · 1898
- Helvetia Swiss Fire Insurance v. Edward P. Allis Co.Colorado Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.