Packard v. Dorchester Mutual Fire Insurance
Supreme Judicial Court of Maine
On report. Assumpsit to recover the sum of three thousand dollars for a total loss by fire, November 22, 1882, of plaintiffs’frame building situated on the corner of Pine and Lisbon streets in Lewiston, Maine, under the defendant’s policy of insurance for that sum, written upon such building November 14, 1881, for the term of three years, and delivered to the plaintiffs by D. H. Holman.
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On report. Assumpsit to recover the sum of three thousand dollars for a total loss by fire, November 22, 1882, of plaintiffs’frame building situated on the corner of Pine and Lisbon streets in Lewiston, Maine, under the defendant’s policy of insurance for that sum, written upon such building November 14, 1881, for the term of three years, and delivered to the plaintiffs by D. H. Holman. The report discloses that after the plaintiffs’ evidence was out the presiding justice made the following rulings : " Court: If Packard & Scruton applied to Mr. Holman as an insurance agent, and supposing that…
1Opinion of the CourtVirgin, J.
The policy stipulated that it "shall be void if any material fact or circumstance stated in writing has not been *149fairly represented by the insured, . . or if without the assent in writing of the company, the situation of circumstances affecting the risk shall, by or with the knowledge, advice, agency, or consent of the insured, be so altered as to cause an increase of such risks. ”
The testimony showed that the application contained a misrepresentation as to the contiguity of other buildings ; and that an alteration of the building insured was subsequently made, causing a material increase of…
2Cases cited4 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Wood v. Poughkeepsie Mutual InsuranceNew York Court of Appeals · 1865
- Clark v. Metropolitan BankThe Superior Court of New York City · 1854
3Cited by3 opinions
- Parrish v. Rosebud Mining & Milling Co.California Supreme Court · 1903
- Whitney v. National Masonic Accident Ass'nSupreme Court of Minnesota · 1894
- Berman v. GriggsSupreme Judicial Court of Maine · 1950