Marsh v. Concord Mutual Fire Insurance
Supreme Court of New Hampshire
Debt, on a policy insuring the plaintiff against loss by fire to the amount of $1,000, “ on frame mill building and all additions thereto adjoining and communicating, including steam-pipes, if any, . . . and occupied by the assured as a pail shop.” Facts found, and case transferred from the October term, 1901, of the superior court, by Young, J. The plaintiff is a pail-maker.
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Debt, on a policy insuring the plaintiff against loss by fire to the amount of $1,000, “ on frame mill building and all additions thereto adjoining and communicating, including steam-pipes, if any, . . . and occupied by the assured as a pail shop.” Facts found, and case transferred from the October term, 1901, of the superior court, by Young, J. The plaintiff is a pail-maker. His plant consists of a frame mill building, a dry-house about twelve feet from the main building, and a boiler-house about two feet from the dry-house. The plaintiff seeks to recover for partial loss by fire in the two…
1Opinion of the CourtWalker, J.
“ In construing insurance policies courts are governed by the same general rules which are applicable to other written contracts. That is to say, it is the duty of the court to adopt that construction of the policy which, in its judgment, shall best correspond with the intention of the parties, which is to be ascertained from the whole instrument, the nature of the property to which the language of the policy is to be applied, the purposes for which property is ordinarily to be used, its situation, and the manner in which it is usually kept.” Stone v. Insurance Co., 69 N. H. 438, 440. The…
2Cases cited2 opinions
- Reed v. Insurance Co.Supreme Court of the United States · 1877
- Shaw v. McGregoryMassachusetts Supreme Judicial Court · 1870
3Cited by19 opinions
- Cement, Sand & Gravel Co. v. Agricultural InsuranceSupreme Court of Minnesota · 1947
- Cartier v. Lumbermen's Mutual Casualty Co.Supreme Court of New Hampshire · 1931
- Peony Park, Inc. v. Security InsuranceNebraska Supreme Court · 1940
- E. H. Emery & Co. v. American InsuranceSupreme Court of Iowa · 1916
- Shepard v. Germania Fire InsuranceMichigan Supreme Court · 1911
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