Clark v. Union Mutual Fire-Insurance
Supreme Court of New Hampshire
This cause came on for trial at the February term, 1860, in this county, when, upon the facts proved, the following case was made: The action was assumpsit, brought by Jonathan Clark against the TJnion Mutual Fire-Insurance Company, on a policy of insurance dated August 1, 1853, insuring, in the second class of the defendant company, the plaintiff’s dwelling-house, ell, and out-building, situated in Manchester, New-Hampshire; the policy, application, charter and by-laws…
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This cause came on for trial at the February term, 1860, in this county, when, upon the facts proved, the following case was made: The action was assumpsit, brought by Jonathan Clark against the TJnion Mutual Fire-Insurance Company, on a policy of insurance dated August 1, 1853, insuring, in the second class of the defendant company, the plaintiff’s dwelling-house, ell, and out-building, situated in Manchester, New-Hampshire; the policy, application, charter and by-laws being part of the case. The defence was misrepresentation and concealment by the plaintiff of facts material to the risk,…
1Opinion of the Court
Nesmith, J.*
The leading and important question in this ease is, whether the plaintiff has been guilty of such misrepresentation or concealment, in procuring his insurance, as will avoid his policy.
“ Misrepresentation, according to the law of insurance, is the statement of something, as fact, which is untrue, and which the assured states knowing it to be untrue, and with the intent to deceive; or which he states positively as true, not knowing it to be true, and which has a tendency to mislead; such fact being in either case material to the risk.” “ Concealment is the designed and intentional…
2Cases cited3 opinions
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
- Carruth v. WalkerWisconsin Supreme Court · 1859
3Cited by2 opinions
- Hadley v. N. H. Fire InsuranceSupreme Court of New Hampshire · 1875
- Griffiths v. Certain UnderwritersDistrict Court, D. New Hampshire · 2010