Clark v. Dwelling-House Insurance
Supreme Judicial Court of Maine
On report. Action of assumpsit, upon a policy of fire insurance. The case was submitted, after tlie evidence was taken out, to the full court for decision upon the legally admissible evidence. The court were to determine the law and the facts, and render judgment. The opinion states the case. Plaintiff was owner, and had an insurable interest. Deed to wife, intended as testamentary provision for wife, was not delivered. She had no knowledge of it.
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On report. Action of assumpsit, upon a policy of fire insurance. The case was submitted, after tlie evidence was taken out, to the full court for decision upon the legally admissible evidence. The court were to determine the law and the facts, and render judgment. The opinion states the case. Plaintiff was owner, and had an insurable interest. Deed to wife, intended as testamentary provision for wife, was not delivered. She had no knowledge of it. Me Graw v. Me Graw, 79 Maine, 257, 259; Maynard v. Maynard, 10 Mass. 456; Stoney v. Winterhalter, (Pa. St.) 11 Atlantic Rep. 611. It was an…
1Opinion of the CourtEmery, J.
This is an action at law, on a written policy of insurance dated Nov. 14, 1883, in which the defendant company, in consideration of the premium paid, promised to insure the plaintiff against loss or damage by fire or lightning on his house and ell, which were afterwards burned within the time of the policy. To recover in this action, the plaintiff must prove that at the time of the insurance, and at the time of the fire, he had •an insurable interest in the buildings. The contract of fire or marine insurance is one of indemnity only. If the holder of such an insurance policy suffers no…
2Cases cited1 opinion
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
3Cited by5 opinions
- Patterson v. Durand Farmers Mutual Fire InsuranceAppellate Court of Illinois · 1940
- Kludt v. German Mutual Fire InsuranceWisconsin Supreme Court · 1913
- Tyree v. Virginia InsuranceWest Virginia Supreme Court · 1904
- Wisecup v. American InsuranceMissouri Court of Appeals · 1914
- Bassett v. Farmers & Merchants InsuranceNebraska Supreme Court · 1909