Cutler v. Royal Insurance
Supreme Court of Connecticut
Action to recover the amount of a loss under a policy of fire insurance, brought to the Superior Court in Hartford County and reserved by that court, Ralph Wheeler, J.. upon an agreed statement of facts, for the consideration and advice of this court.
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Action to recover the amount of a loss under a policy of fire insurance, brought to the Superior Court in Hartford County and reserved by that court, Ralph Wheeler, J.. upon an agreed statement of facts, for the consideration and advice of this court. The policy sued upon was the standard form prescribed by the Public Acts of 1898, Chap. 226, and contained the following provisions: “ 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. . . . This entire…
1Opinion of the CourtHamersley, J.
If, as appears from the finding, the insured, at the time of their application to the defendant, believed that their prior application to the JEtna Insurance Company for a policy of insurance for $1,000 upon property they were asking the defendant to insure, could not result in a contract of insurance, they were not bound by the terms of their policy to then inform the defendant of that application. But in subsequently accepting the JEtna policy issued in pursuance of their application, they violated the provision against further insurance contained in the policy issued by the defendant; and…
2Cases cited1 opinion
- Bishop v. Clay Fire & Marine InsuranceSupreme Court of Connecticut · 1878
3Cited by3 opinions
- Di Mauro v. Aetna InsuranceSupreme Court of Connecticut · 1933
- Woolford v. Phenix InsuranceMassachusetts Supreme Judicial Court · 1906
- Kiss v. KijakaziDistrict Court, D. Alaska · 2019