Fidelity & Casualty Co. v. Cook
Massachusetts Supreme Judicial Court
1Opinion of the CourtLummus, J.
The defendant, a dealer in ice, obtained from the plaintiff insurance under the workmen’s compensation act for one year ending February 1, 1934. He not only sold ice, but also harvested and stored it. The plaintiff refused to issue to the defendant a policy covering harvesting and storing. The "declarations,” upon which the estimated premium was computed, expressly excluded harvesting and storing. The policy declared, what both parties apparently knew to be untrue unless read with the exclusion of harvesting and storing, that "this employer is conducting no other business operations at this…
2Cases cited4 opinions
- Cox's CaseMassachusetts Supreme Judicial Court · 1916
- Shannon's CaseMassachusetts Supreme Judicial Court · 1931
- Wright's CaseMassachusetts Supreme Judicial Court · 1935
- Maryland Casualty Co. v. City of TauntonMassachusetts Supreme Judicial Court · 1936
3Cited by4 opinions
- Allen v. RafteryMissouri Court of Appeals · 1943
- Castagna's CaseMassachusetts Supreme Judicial Court · 1941
- Coal Operators Casualty Co. v. C. L. Smith & Son Coal Co.Supreme Court of Virginia · 1951
- Coal Operators Cas. Co. v. CL Smith & Son Coal Co.Supreme Court of Virginia · 1951