Luce v. Dorchester Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract, against a mutual fire insurance company upon a policy of insurance, dated May 22, 1866, reciting that the plaintiff, a member of the company, had paid the sum of six dollars as premium and given his promissory note of the same date for the same amount as deposit, and also bound and obliged himself to pay all such further sums, not exceeding in any event the amount of the premium and deposit, as might be assessed by the president and directors of the company…
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Contract, against a mutual fire insurance company upon a policy of insurance, dated May 22, 1866, reciting that the plaintiff, a member of the company, had paid the sum of six dollars as premium and given his promissory note of the same date for the same amount as deposit, and also bound and obliged himself to pay all such further sums, not exceeding in any event the amount of the premium and deposit, as might be assessed by the president and directors of the company pursuant tb the laws of the Commonwealth ; and, in consideration of the premises, insuring him for five years against loss or…
1Opinion of the CourtGray, J.
The building insured has been totally destroyed by fire. The policy states that the amount insured is not more than three fourths of the value of the property, as stated by the applicant. The amount insured is $400, and the value stated by the applicant is $800. The valuation thus agreed on by the parties is conclusive, in the absence of fraud. Borden v. Hingham Insurance Co. 18 Pick. 523. Fuller v. Boston Insurance Co. 4 Met. 206. Phillips v. Merrimack Insurance Co. 10 Cush. 350. Phœnix Insurance Co. v. McLoon, 100 Mass. 475. The restriction, in the subsequent proviso, to three fourths of…
2Cases cited6 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Bardstown & Louisville Railroad v. MetcalfeCourt of Appeals of Kentucky · 1862
- Adams v. OtterbackSupreme Court of the United States · 1854
- Phœnix Insurance v. McLoonMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
15 more not listed; retrieve them via the Exa API.