Wainer v. Milford Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. c. 119, § 139, (St. 1887, c. 214, § 60,) against loss by fire. At the trial in the Superior Court, before Mason, C. J., the plaintiff submitted the case upon the report of an auditor, and the judge ordered a verdict for the defendant, and reported the case for the determination of this court.
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Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. c. 119, § 139, (St. 1887, c. 214, § 60,) against loss by fire. At the trial in the Superior Court, before Mason, C. J., the plaintiff submitted the case upon the report of an auditor, and the judge ordered a verdict for the defendant, and reported the case for the determination of this court. If upon the facts a finding would be warranted for the plaintiff, the verdict was to be set aside and a verdict entered for the plaintiff for a sum agreed; otherwise, the verdict was to stand. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The action is against a mutual fire insurance company, on a Massachusetts standard policy. Pub. Sts. c. 119, § 139 (St. 1887, c. 214, § 60). The defendant says that the policy is void, and denies any liability under it. It also relies in defence upon the fact that there was not a reference of the amount of the loss according to the provisions of the policy. It is contended by the plaintiff that the reference was not a condition precedent to the right of action, and also that it was waived by the defendant. We do not find it necessary to decide the former point, but one of the grounds upon…
2Cases cited11 opinions
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- Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
- Hinckley v. Germania Fire InsuranceMassachusetts Supreme Judicial Court · 1885
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1875
- Amsinck v. American InsuranceMassachusetts Supreme Judicial Court · 1880
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