Smith v. Scottish Union & National Insurance
Massachusetts Supreme Judicial Court
Three actions of contract by the same plaintiff respectively against three different insurance companies on policies insuring the plaintiff against loss by fire to a hotel in Quincy known as the Hotel Shelton and its contents, which were destroyed by fire shortly after midnight of December 2, 1903. Writs dated April 11 and 12, 1904. In the Superior Court the cases were heard by Wait, J., without a jury.
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Three actions of contract by the same plaintiff respectively against three different insurance companies on policies insuring the plaintiff against loss by fire to a hotel in Quincy known as the Hotel Shelton and its contents, which were destroyed by fire shortly after midnight of December 2, 1903. Writs dated April 11 and 12, 1904. In the Superior Court the cases were heard by Wait, J., without a jury. In the first two cases the defendant asked the judge to rule as follows: “ Upon all the evidence the plaintiff is not entitled to recover. No statement in writing signed and sworn to by the…
1Opinion of the CourtSheldon, J.
1. In the first two of these cases the only question raised is whether the judge erred in refusing to rule, as requested by the defendant, that no statement in writing, signed and sworn to by the insured, was rendered to the company forthwith after the loss, as required by the terms of the policy; and that for this reason the plaintiff could not recover.
The policies were in the Massachusetts standard form, prescribed by R L. c. 118, § 60 (see now St. 1907, c. 576, § 60), and contained the stipulation that “ in case of any loss or damage under this policy, a statement in writing, signed and…
2Cases cited18 opinions
- Insurance Co. of North America v. BrimIndiana Supreme Court · 1887
- Hatch v. United States Casualty Co.Massachusetts Supreme Judicial Court · 1908
- Carpenter v. German American InsuranceNew York Court of Appeals · 1892
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
- Railway Passenger Assurance Co. v. BurwellIndiana Supreme Court · 1873
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3Cited by16 opinions
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Griffin v. GriffinMassachusetts Supreme Judicial Court · 1915
- Segal v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1958
- Depot Cafe Inc. v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1947
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
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