Parker v. Rochester German Insurance
Massachusetts Supreme Judicial Court
Contract, in two counts. The first count was upon a policy of insurance for $1,000, issued by the defendant, against loss by fire on certain property of the plaintiffs in Lynn ; and the second count was upon an oral contract of insurance on the same property. Trial in the Superior Court, before Richardson, J., who, at the defendant’s request, ruled that there was no evidence to sustain the second count; and ordered a verdict for the defendant upon that count.
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Contract, in two counts. The first count was upon a policy of insurance for $1,000, issued by the defendant, against loss by fire on certain property of the plaintiffs in Lynn ; and the second count was upon an oral contract of insurance on the same property. Trial in the Superior Court, before Richardson, J., who, at the defendant’s request, ruled that there was no evidence to sustain the second count; and ordered a verdict for the defendant upon that count. The defendant also requested the judge to rule that the plaintiffs could not recover upon the first count; but the judge declined so to…
1Opinion of the CourtAllen, J.
By St. 1887, c. 214, § 60, which was in force at the time of issuing the plaintiffs’ policy, a standard form of policies of insurance against fire was provided to which insurance companies were required to conform, with certain exceptions not material here. The plaintiffs’ policy was in this standard form, and it contained the following provision: “ This policy shall be void ... if the insured now has or shall hereafter make any other insurance on the said property without the assent in writing or in print of the company, or if, without such assent, the said property shall be removed, except…
2Cases cited5 opinions
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Putnam Tool Co. v. Fitchburg Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1887
- Porter v. United States Life InsuranceMassachusetts Supreme Judicial Court · 1893
- Tarbell v. Vt. Mutual Fire Ins.Supreme Court of Vermont · 1890
3Cited by12 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
- Black v. Atlantic Home InsuranceSupreme Court of North Carolina · 1908
- Blair v. National Reserve InsuranceMassachusetts Supreme Judicial Court · 1935
- Atwood v. Caledonian American InsuranceMassachusetts Supreme Judicial Court · 1910
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