Mascott v. First National Fire Insurance
Supreme Court of Vermont
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
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Fitzgerald v. Metropolitan Life InsuranceSupreme Court of Vermont · 1916
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
16 more not listed; retrieve them via the Exa API.