Legal Opinion

Hunt v. Springfield Fire & Marine Insurance

Supreme Court of the United States

Decided December 19, 1904No. 65PublishedCited by 14 opinions

ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an action to recover on a policy of insurance upon household furniture and ornaments.

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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an action to recover on a policy of insurance upon household furniture and ornaments. Defense: That.it. was provided that the policy should be void if the interest of the insured- was other than the unconditional and sole ownership of the property insured, or if the “said property should be or become encumbered by a chattel mortgage,” when in fact it was subject, at the time the policy was written, to three trust deeds to secure the payment of various sums of money. Plaintiff demurred to the pleas setting up this defense. The…

1Opinion of the CourtJustice Brown

The sole question presented by the record in this case is' whether the provision in the policy for the unconditional ownership of the property by the plaintiff, and for the nonexistence of any chattel mortgage thereon, was broken by certain trust deeds to secure the payment of money in each case.

Plaintiff relies upon the familiar principle of law that the conditions of a policy of insurance, prepared as they are by the company, and virtually thrust upon the insured, frequently without his knowledge, must be construed strictly, and while the legal effect of a chattel mortgage and of a deed of…

2Cases cited7 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
  3. McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
  4. McLane v. PaschalTexas Supreme Court · 1877
  5. Shillaber v. RobinsonSupreme Court of the United States · 1878

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
  2. Sun Insurance Office v. ScottSupreme Court of the United States · 1931
  3. Knowles v. Dixie Fire Ins. Co. of Greensboro, N.C.Supreme Court of Louisiana · 1933
  4. Scott v. Inter-Insurance Exchange of Chicago Motor ClubIllinois Supreme Court · 1933
  5. Harvey v. Union Central Life Ins. Co.Court of Appeals for the Fourth Circuit · 1930

9 more not listed; retrieve them via the Exa API.

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