Palatine Insurance Co. of London v. Kehoe
Massachusetts Supreme Judicial Court
Tort by a fire insurance company for deceit, to recover back tbe suip of $844.90 paid to the defendant on a loss of household furniture and other articles of personal property under a policy issued by tbe plaintiff when tbe property described in it was in a frame apartment house with stores underneath on the easterly side of Ocean Avenue in "Revere known as the Irving Cottage.
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Tort by a fire insurance company for deceit, to recover back tbe suip of $844.90 paid to the defendant on a loss of household furniture and other articles of personal property under a policy issued by tbe plaintiff when tbe property described in it was in a frame apartment house with stores underneath on the easterly side of Ocean Avenue in "Revere known as the Irving Cottage. Writ in the Municipal Court of the City of Boston dated September 19, 1905. On appeal to the Superior Court the case was tried before Hitchcock, J. It was agreed that the policy was in the Massachusetts standard form…
1Opinion of the CourtKncwlton, C. J.
The plaintiff contended that a part of the property included in the policy was not covered by it at the time of the fire, because it had been removed from the building in which it was insured to another building near by, which was burned in the same conflagration.
Upon the policy a rider had been attached, as follows : “ Permission is hereby given the assured to remove the within insured property to frame dwelling building situate east side South Main Street, between Union and Maple Sts. in Randolph Mass. This policy to attach • and cover the same in both locations during removal in proportion…
2Cases cited4 opinions
- Mawhinney v. Southern InsuranceCalifornia Supreme Court · 1893
- Hartford Fire Insurance v. FarrishIllinois Supreme Court · 1874
- English v. Franklin Fire InsuranceMichigan Supreme Court · 1884
- Goodhue v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1903
3Cited by2 opinions
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
- Palatine Insurance Co. of London, Ltd. v. KehoeMassachusetts Supreme Judicial Court · 1912