Legal Opinion

Bennett v. Agricultural Insurance

Supreme Court of Connecticut

Decided January 15, 1883PublishedCited by 11 opinions

Action on a policy of fire insurancebrought to the Superior Court in Windham County, and tried to the jury before Andrews, J. Upon the trial the plaintiff offered in evidence the policy of insurance dated June 14th, 1879, by which, the defendants insured the dwelling-house of the plaintiff for two years in the sum of 1500. The policy referred to the application as “ forming a part of this policy.”

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Action on a policy of fire insurancebrought to the Superior Court in Windham County, and tried to the jury before Andrews, J. Upon the trial the plaintiff offered in evidence the policy of insurance dated June 14th, 1879, by which, the defendants insured the dwelling-house of the plaintiff for two years in the sum of 1500. The policy referred to the application as “ forming a part of this policy.” The application stated the value of the house to be 1800, and contained the following questions and answers: Q. “ How many acres of land in the place ? ” Ans. “ Sixty.” Q. “ What is the value of -…

1Opinion of the CourtCarpenter, J.

This is an action on a fire insurance policy. The building insured was a dwelling house occupied by a tenant. The answer interposed several defences which will be separately noticed. The plaintiff had a verdict and the defendant appealed.

1. That the house was unoccupied at the time of the fire.

The policy provides that if “ the dwelling house hereby insured shall cease to be occupied as such, then this policy shall cease and be of no more force or effect.” The finding shows that the tenant left the house, taking with him all his furniture, about six o’clock in the evening. The next morning…

2Cases cited1 opinion

  1. Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880

3Cited by11 opinions

  1. Connecticut Fire Ins. v. BuchananCourt of Appeals for the Eighth Circuit · 1905
  2. Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
  3. National Mutual Fire Insurance v. DuncanSupreme Court of Colorado · 1908
  4. Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
  5. Bennett v. Agricultural InsuranceSupreme Court of Connecticut · 1884

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