Kyte v. Commercial Union Assurance Co.
Massachusetts Supreme Judicial Court
Contract upon two policies of insurance, one upon a dwelling-house and the other upon a barn, in the form prescribed by the Pub. Sts. c. 119, § 139, (St. 1887, c. 214, § 60,) against loss by fire, each for three years, from January 24, 1881, and April 2,1881, respectively.
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Contract upon two policies of insurance, one upon a dwelling-house and the other upon a barn, in the form prescribed by the Pub. Sts. c. 119, § 139, (St. 1887, c. 214, § 60,) against loss by fire, each for three years, from January 24, 1881, and April 2,1881, respectively. Each policy contained the following provisions: “ This policy shall he void if any material fact or circumstance stated in writing has not been fairly represented by the insured, — or if the insured now has or shall hereafter make any other insurance on the said property without the assent in writing or in print of the…
1Opinion of the CourtC. Allen, J.
These policies were in the form of the Massachusetts Standard Policy, and each provided that “ This policy shall be void ... if, without such assent [namely, the assent in writing or in print of the company], the situation or 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, ... or if gunpowder or other articles subject to legal restriction shall be kept in quantities or manner different from those allowed or prescribed by law.” Various other circumstances were enumerated which…
2Cases cited2 opinions
- Hinckley v. Germania Fire InsuranceMassachusetts Supreme Judicial Court · 1885
- Mead v. . the Northwestern Insurance Co.New York Court of Appeals · 1852
3Cited by19 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- William H. Hendrix v. New Amsterdam Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1968
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Standard Life & Accident Insurance v. MartinIndiana Supreme Court · 1893
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
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