Gilman v. Commonwealth Insurance
Supreme Judicial Court of Maine
On motion of defendant. Motion overruled. This is an action of assumpsit brought by Will A. Gilman, Administrator of the Estate of George E. Gilman, late of Scarboro, in the County of Cumberland, upon a policy of insurance issued by the defendant to Frank T. Spear, October 15, 1909, upon a one and one-half story dwelling house, situated in Scarboro aforesaid.
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On motion of defendant. Motion overruled. This is an action of assumpsit brought by Will A. Gilman, Administrator of the Estate of George E. Gilman, late of Scarboro, in the County of Cumberland, upon a policy of insurance issued by the defendant to Frank T. Spear, October 15, 1909, upon a one and one-half story dwelling house, situated in Scarboro aforesaid. George E. Gilman, deceased, held a mortgage on said dwelling house, and the insurance was payable to him in case of loss, as his interest might appear. The defendant, at the request of the insured, Frank T. Spear, cancelled the policy.…
1Opinion of the CourtHaley, J.
An action of assumpsit, upon a policy of insurance, of the Maine Standard form, issued by the defendant to Frank T. Spear, October 15,1909, whereby the defendant insured the one and one-half story dwelling house situated in Scarboro for the term of three years, against loss or damage by fire to the amount of $800. _ There was an endorsement upon the policy as follows: “Payable in case of loss to George F. Gilman, mortgagee, as his interest may appear.”
When the policy was issued Mr. Spear was in possession of the insured premises, and remained in possession for about one and one-half years,…
2Cases cited10 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Eddy v. London Assurance Corp.New York Court of Appeals · 1894
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Southern States Fire & Casualty Insurance v. NapierCourt of Appeals of Georgia · 1918
- Tarleton v. De VeuveCourt of Appeals for the Ninth Circuit · 1940
- Bank v. . Ins. Co.Supreme Court of North Carolina · 1924
- Employers' Fire Insurance v. Pennsylvania Millers Mutual InsuranceCourt of Appeals of Georgia · 1967
- Remedial System of Loaning v. New Hampshire Fire InsuranceCourt of Appeals of Kentucky (pre-1976) · 1929
9 more not listed; retrieve them via the Exa API.