Whiting v. Burkhardt
Massachusetts Supreme Judicial Court
Bill in equity by William S. Whiting against Herman F. •Burkhardt, Albert L. Jewell and the North British and Mercantile Insurance Company, to recover as mortgagee for a loss by fire to property covered by the mortgage and situated in Hull, Massachusetts, the property at the time of the loss being covered by a policy of insurance issued by the defendant insurance company, and the proceeds of the policy being claimed by each of the other two defendants, if the plaintiff was…
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Bill in equity by William S. Whiting against Herman F. •Burkhardt, Albert L. Jewell and the North British and Mercantile Insurance Company, to recover as mortgagee for a loss by fire to property covered by the mortgage and situated in Hull, Massachusetts, the property at the time of the loss being covered by a policy of insurance issued by the defendant insurance company, and the proceeds of the policy being claimed by each of the other two defendants, if the plaintiff was not entitled thereto, filed September 14, 1899. The case was heard in the Superior Court by Bell, J., who at the request…
1Opinion of the CourtLoring, J.
The assignment by Jewell of all his right and interest in the policy was not a violation of the provision that the “ policy shall be void . . . if . . . without the assent in writing or in print of the company . . . this policy [shall be] assigned.” The object of that provision, (coupled with the provision declaring the policy void if the property insured is sold,) is to prevent the company becoming the insurer of the property of a person who is not acceptable to it; an insurance company has the right to refuse to insure a person whose character is such that the moral risk (to use a term…
2Cases cited5 opinions
- Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
- Jones v. KeenMassachusetts Supreme Judicial Court · 1874
- Merrill v. Colonial Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1897
3Cited by19 opinions
- Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Barrett Co. v. Panther Rubber Mfg. Co.Court of Appeals for the First Circuit · 1928
- Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
- Maguire v. ReoughMassachusetts Supreme Judicial Court · 1921
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