Quinn v. Fire Ass'n of Philadelphia
Massachusetts Supreme Judicial Court
Three actions of contract against three different fire insurance companies on policies alike in form, by Thomas J. Quinn, the assured, and the Cape Cod Five Cents Savings Bank, mortgagee, to which the policies were payable in case of loss.
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Three actions of contract against three different fire insurance companies on policies alike in form, by Thomas J. Quinn, the assured, and the Cape Cod Five Cents Savings Bank, mortgagee, to which the policies were payable in case of loss. Writs dated May 18,1900. At the trial in the Superior Court, before Graskill, J., without a jury, the plaintiffs asked for a ruling that the condition attached to the policy by a rider, which is quoted by the court, was not such an addition to or modification of the terms and conditions of the policy as is contemplated by St. 1894, c. 522, and was therefore…
1Opinion of the CourtHolmes, C. J.
These are actions upon policies of insurance. The only question brought before this court is whether the plaintiffs are entitled to a greater or to a less sum, and this depends upon the validity of a rider attached to the policies, which the plaintiffs dispute. The policies are in the Massachusetts standard form under St. 1894, c. 522, § 60, and, we assume, were made under Massachusetts law. The clause in the rider objected to is this: “ It is a part of the consideration of this policy, and the basis upon which the rate of premium is fixed, that the assured shall maintain insurance on the…
2Cases cited1 opinion
- Hardy v. Lancashire InsuranceMassachusetts Supreme Judicial Court · 1896
3Cited by6 opinions
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Austin v. Dixie Fire InsuranceMassachusetts Supreme Judicial Court · 1919
- Aldrich v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Simon v. Queen Ins. Co. of AmericaSupreme Court of Louisiana · 1907
- Attorney General ex rel. Michigan Lubricator Co. v. Commissioner of InsuranceMichigan Supreme Court · 1907
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