Legal Opinion

Dunton v. Westchester Fire Insurance

Supreme Judicial Court of Maine

Decided September 15, 1908PublishedCited by 18 opinions

On exceptions by defendant. Action on two fire insurance policies issued by the defendant in the standard form prescribed by Revised Statutes, chapter 49, section 4, paragraph VII. The record does not disclose the defendant’s plea. Tried at the March term, 1908, Supreme Judicial Court, Somerset County.

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On exceptions by defendant. Action on two fire insurance policies issued by the defendant in the standard form prescribed by Revised Statutes, chapter 49, section 4, paragraph VII. The record does not disclose the defendant’s plea. Tried at the March term, 1908, Supreme Judicial Court, Somerset County. At the conclusion of the testimony, the presiding Justice ordered a verdict for the plaintiff for $1246.71. To this order the defendant excepted and also excepted to certain other rulings made during the trial. The case is stated in the opinion.

1Opinion of the CourtWhitehouse, J.

This is an action on two fire insurance policies issued by the defendant corporation in the standard form prescribed by the Revised Statutes of Maine, chapter 49, section 4, par. VII.

*374Among the provisions contained in this form of policy are the following stipulations respecting the loss or damage and the method of ascertaining and estimating such damage by arbitration, viz:

"The amount of said loss or damage to be estimated according to the actual value of the insured property at the time when such loss or damage happens but not to include loss or damage caused by explosions, etc.
"In case of…

2Cases cited4 opinions

  1. Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
  2. Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
  3. Wood v. HumphreyMassachusetts Supreme Judicial Court · 1873
  4. White v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1883

3Cited by18 opinions

  1. Hoekstra v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1986
  2. Wasko v. ManellaSupreme Court of Connecticut · 2004
  3. Ebner v. Ohio State Life InsuranceIndiana Court of Appeals · 1918
  4. Gratz v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1924
  5. United States Fidelity & Guaranty Co. v. CorbettCourt of Appeals of Georgia · 1926

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