Legal Opinion

Saidel v. Union Assurance Society, Ltd.

Supreme Court of New Hampshire

Decided February 4, 1930PublishedCited by 12 opinions

1Opinion of the CourtAllen, J.

If the plaintiff attempted fraud by making a false proof of loss intentionally, it was a defence to the action, and one question here presented is whether the evidence of the attempt was conclusive to show it.

The policy by its terms was to be void “if the insured shall make any attempt to defraud the company, either before or after the loss.” The fraudulent act may be a dishonest statement about the loss, and the success of the attempt is immaterial. Follett v. Insurance Co., 77 N. H. 457. And a principal is chargeable with the fraud of his agent while acting in his behalf. Concord Bank v.…

2Cases cited5 opinions

  1. Harlow v. LeclairSupreme Court of New Hampshire · 1927
  2. Follett v. Standard Fire InsuranceSupreme Court of New Hampshire · 1915
  3. Shackett v. BickfordSupreme Court of New Hampshire · 1906
  4. Graham v. WeberSupreme Court of New Hampshire · 1920
  5. Norton v. Derry National BankSupreme Court of New Hampshire · 1882

3Cited by12 opinions

  1. Mutual of Enumclaw Insurance v. CoxWashington Supreme Court · 1988
  2. Khadouri Chaachou v. American Central Insurance CompanyCourt of Appeals for the Fifth Circuit · 1957
  3. Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Avon Trading Corp.Court of Appeals for the First Circuit · 1983
  4. Manchester Bank v. Connecticut Bank & Trust Co.District Court, D. New Hampshire · 1980
  5. Official Committee of Unsecured Creditors Ex Rel. Bankruptcy Estate of Felt Manufacturing Co. v. Foss (In Re Felt Manufacturing Co.)United States Bankruptcy Court, D. New Hampshire · 2007

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