Wholley v. Western Assurance Co.
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance against loss by fire. Trial in the Superior Court, before Dunbar, J., who directed the jury to return a verdict for the defendant, and reported the case for the consideration of this court. The facts appear in the opinion. The case was argued at the bar in November, 1898, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtMorton, J.
The defendant is a foreign insurance company with its principal office in Toronto, Canada. At the time of the issuing of the policy and of the loss it had a general agent in Boston and a local agent, one Fay, in Lawrence where the property was situated. The defendant does not contend now, as we understand it, that the policy did not attach and that a loss has not occurred under it. Its contention is that proofs of loss have not been furnished as required by the policy, and that there has been no arbitration to determine the amount of the loss which is a condition precedent to the bringing of…
2Cases cited14 opinions
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Indiana Insurance v. CapehartIndiana Supreme Court · 1886
- Ætna Insurance v. ShryerIndiana Supreme Court · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Shapiro v. Security InsuranceMassachusetts Supreme Judicial Court · 1926
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
- Fuller v. Home Indemnity Co.Massachusetts Supreme Judicial Court · 1945
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
3 more not listed; retrieve them via the Exa API.