Mutual Fire Ins. of New York v. Alvord
Court of Appeals for the First Circuit
In error to the Circuit Court of the United States for the District of Massachusetts. This was an action by Alfred E. Alvord against the Mutual Fire Insurance Company of New York on a policy of insurance against fire. At the trial the jury found a verdict for plaintiff.
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In error to the Circuit Court of the United States for the District of Massachusetts. This was an action by Alfred E. Alvord against the Mutual Fire Insurance Company of New York on a policy of insurance against fire. At the trial the jury found a verdict for plaintiff. The policy contained a provision that “this entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has, or shall hereafter make or procure, any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy.” An…
1Opinion of the Court
COLT, Circuit Judge.
The policy of insurance upon which this suit was brought contains the following provisions relating to the ascertainment or estimate of loss:
*755“This company shall not he liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according t.o such actual cash value, with proper deduction for depreciation, however caused, and shall in no event; exceed what it would then cost: tlie Insured to repair or replace the same with material of like kind and quality. Said ascertainment or estimate…
2Cases cited10 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Birmingham Fire Insurance v. PulverIllinois Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- J. M. Winchester v. North British & Mercantile InsuranceCalifornia Supreme Court · 1911
- Grady v. Home Fire and Marine Ins. Co.Supreme Court of Rhode Island · 1906
- Davis v. Atlas Assurance Co.Washington Supreme Court · 1896
- Anderson v. Odd Fellows' HallSupreme Court of New Jersey · 1914
8 more not listed; retrieve them via the Exa API.