Legal Opinion

Benanti v. Delaware Insurance

Supreme Court of Connecticut

Decided July 26, 1912PublishedCited by 27 opinions

Action on a fire insurance policy to recover for the total destruction of plaintiff’s stock of merchandise and store fixtures, brought to the Superior Court in New London County and tried to the jury before Greene, J.; verdict and judgment for the plaintiff for $985, and appeal by the defendant.

1Opinion of the CourtWheeler, J.

The answer sets up that the policy provided: “This entire policy shall be void if the insured has concealed or misrepresented in writing or otherwise, any material fact or circumstance concerning this insurance, or the subject thereof, or if the interest of the insured in the property be not truly stated therein, or in case of any fraud or false swearing by the insured touching any matter relating to this insurance, or the subject thereof, whether before or after the loss; ” and that “this entire policy . . . shall be void ... if the interest of the insured be other than unconditional and…

2Cases cited12 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
  3. Hoxie v. Home InsuranceSupreme Court of Connecticut · 1864
  4. Hennessy v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1902
  5. Vincent v. Mutual Reserve Fund Life Asso.Supreme Court of Connecticut · 1904

7 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. O'Dea v. AmodeoSupreme Court of Connecticut · 1934
  2. Henschel v. Hawkeye-Security Insurance CompanySupreme Court of Iowa · 1970
  3. Harty v. Eagle Indemnity Co.Supreme Court of Connecticut · 1928
  4. Kadner v. ShieldsCalifornia Court of Appeal · 1971
  5. Manthey v. American Automobile InsuranceSupreme Court of Connecticut · 1941

22 more not listed; retrieve them via the Exa API.

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