Harris v. North American Insurance
Massachusetts Supreme Judicial Court
Contract on two policies of fire insurance in the Massachusetts standard form issued by the defendant, a corporation organized under the laws of this Commonwealth, on a “frame dwelling house” in Marblehead, one for $3,000 dated October 10,1901, and the other for $500 dated November 5,1901. Writ dated July 29,1902. The answer contained a general denial, and further alleged that, if any such loss and damage as alleged in the plaintiff’s declaration occurred, the premises…
Read the full summary
Contract on two policies of fire insurance in the Massachusetts standard form issued by the defendant, a corporation organized under the laws of this Commonwealth, on a “frame dwelling house” in Marblehead, one for $3,000 dated October 10,1901, and the other for $500 dated November 5,1901. Writ dated July 29,1902. The answer contained a general denial, and further alleged that, if any such loss and damage as alleged in the plaintiff’s declaration occurred, the premises insured by the policy became vacant by the removal of the owner and occupant during the continuance of the policy and so…
1Opinion of the CourtBraley, J.
Upon their face the policies which are in the standard form required by R. L. c. 118, § 60, purport to set forth the full provisions of the contract. The defendant endeavors to avoid payment of the loss which has accrued by showing that the building insured either became vacant for more than thirty days before the fire by the removal of the owner without its written or printed assent, or was left under such conditions as materially to increase the risk. Although completed as a structure, the building when burned never had been occupied as a residence, and at the date of insurance was in…
2Cases cited34 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
29 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Weiner v. D. A. Schulte, Inc.Massachusetts Supreme Judicial Court · 1931
- Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
- Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
18 more not listed; retrieve them via the Exa API.