Legal Opinion

White v. Connecticut Fire Insurance

Massachusetts Supreme Judicial Court

Decided May 6, 1876PublishedCited by 43 opinions

Contract upon a policy of insurance against fire. At the trial in the Superior Court, Pitman, J., by agreement of the parties, after verdict for the plaintiff, reported the case to this court, the verdict to stand, if upon the evidence reported the jury would be authorized to return such verdict; otherwise, judgment for the defendant. The evidence sufficiently appears in the opinion.

1Opinion of the CourtColt, J.

The policy in this case was obtained for the plaintiff by Hunt, an insurance broker, through the defendant’s general agent, Darling. It contained provisions, among others: 1st. That the company should not be liable by virtue of the policy until the premium therefor was actually paid. 2d. That the insurance might be terminated by the company on notice to that effect, and on refunding a ratable proportion of the premium for the unexpired term of the policy. 3d. That any person who had procured the insurance, other than the assured, should be deemed to be the agent of the assured, and not of the…

2Cases cited5 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. Miller v. Life InsuranceSupreme Court of the United States · 1871
  3. Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
  4. Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
  5. Sheldon v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1856

3Cited by43 opinions

  1. Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
  2. John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
  3. Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
  4. Wytheville Ins. & Banking Co. v. TeigerSupreme Court of Virginia · 1893
  5. Aetna Life Insurance v. FallowTennessee Supreme Court · 1903

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