Legal Opinion

Mascott v. First National Fire Insurance

Supreme Court of Vermont

Decided October 15, 1896PublishedCited by 21 opinions

Assumpsit upon á fire insurance policy. Plea, the general issue. Trial by jury át tbe March Term, 1896, Rutland County, Taft, J., presiding. At the close of the testimony the defendant moved for a verdict, and, the motion being denied, did not desire to go to the jury on any issue of fact. The court then directed a verdict and rendered judgment thereon for the plaintiff.

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Assumpsit upon á fire insurance policy. Plea, the general issue. Trial by jury át tbe March Term, 1896, Rutland County, Taft, J., presiding. At the close of the testimony the defendant moved for a verdict, and, the motion being denied, did not desire to go to the jury on any issue of fact. The court then directed a verdict and rendered judgment thereon for the plaintiff. The fact that Fred E. Mascott had no interest in the real estate except as husband, makes the policy a mere wager as to him. The failure to disclose the existence of the mortgage was a material concealment and rendered the…

1Opinion of the CourtStart, J.

The action is assumpsit upon a fire insurance contract, by which the plaintiffs were insured in the sum of nine hundred and sixty dollars on their two-story frame building, occupied for a storehouse and paint-shop. The policy contained the following provision: “This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circum*118stance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly, stated herein.” The policy further provided, that, unless otherwise provided by an…

2Cases cited17 opinions

  1. Viele v. Germania InsuranceSupreme Court of Iowa · 1868
  2. Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
  3. Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
  4. Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
  5. Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
  2. Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
  3. Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
  4. Fitzgerald v. Metropolitan Life InsuranceSupreme Court of Vermont · 1916
  5. Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912

16 more not listed; retrieve them via the Exa API.

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