Ashworth v. Builders' Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against loss by fire upon a house described in the application and in the policy as a “ dwelling-house situated on the road leading from Warren to Palmer Depot,” and upon a barn described as “ near by ” the house. The application signed by the plaintiff, in answer to the question, “ How are the premises occupied? ” contained the answer, “ For farming purposes by the assured.”
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Contract upon a policy of insurance against loss by fire upon a house described in the application and in the policy as a “ dwelling-house situated on the road leading from Warren to Palmer Depot,” and upon a barn described as “ near by ” the house. The application signed by the plaintiff, in answer to the question, “ How are the premises occupied? ” contained the answer, “ For farming purposes by the assured.” The proof of loss contained the statement that at the time of the fire the buildings were unoccupied. The policy contained the following provisions, “ E the buildings insured shall be…
1Opinion of the CourtColt, J.
The policy expressly declares upon its face that buildings unoccupied are not covered unless insured as such. This is descriptive of the subject matter of the insurance. It is a stipulation on the truth and fulfilment of which the contract depends, and the insurer has a right to insist on a strict compliance. It is decisive of this case; for assuming that the dwelling-house and barn, although situated at the end of a lane and half *424a mile distant from the road named in the policy, would come within the description of the property insured, yet the facts stated do not show an occupancy of either…
2Cited by33 opinions
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- Connecticut Fire Ins. v. BuchananCourt of Appeals for the Eighth Circuit · 1905
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Woodruff v. Imperial Fire Insurance Co. of London, EnglandNew York Court of Appeals · 1880
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