Gardiner v. Piscataquis Mut. Fire Ins.
Supreme Judicial Court of Maine
On Pacts Agreed. Assumpsit on a policy of insurance. The plaintiffs, residing in Boston, procured a policy on their store situated on a public traveled street in Dover, on Nov. 15, 1848. The policy was made subject to the by-laws of the corporation, a copy of which is appended to each policy issued.
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On Pacts Agreed. Assumpsit on a policy of insurance. The plaintiffs, residing in Boston, procured a policy on their store situated on a public traveled street in Dover, on Nov. 15, 1848. The policy was made subject to the by-laws of the corporation, a copy of which is appended to each policy issued. The 14th Article reads thus: — “It shall be the duty of the insured, to give notice to the secretary of this corporation, of such material and manifest increase in the risk as may have happened without his agency or consent, after the reception of his policy; whereupon the officers of the company…
1Opinion of the CourtHathaway, J.
— The case is on facts agreed, by which it appears that, November 15, 1848, the plaintiff procured the defendants’ insurance upon his store situated in Dover. By the fourteenth article of the defendants’ by-laws, which are made a part of the policy, upon which the action was brought, it is provided, that “ it shall be the duty of the insured to give notice to the secretary of the corporation, of such material and manifest increase of the risk, as may have happened, without his agency or consent, after the reception of his policy, whereupon the officers of the company may agree with the…
2Cases cited1 opinion
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
3Cited by1 opinion
- Kern v. South St. Louis Mutual InsuranceSupreme Court of Missouri · 1867