Legal Opinion

Consoli v. COMMONWEALTH INSURANCE COMPANY

Supreme Court of New Hampshire

Decided December 4, 1951No. 4072PublishedCited by 4 opinions

1Opinion of the CourtKenison, J.

The decision of the Trial Court that this was a “friendly fire” and was not covered by the fire insurance policies is supported by the overwhelming weight of authority in the United States. 5 Couch, Insurance, s. 1201; 20 A. L. R. 967, 68 A. L. R. 231; 45 C. J. S., Insurance, s. 809; 29 Am. Jur., s. 1016; Patterson, Cases and Materials on Insurance (1947) 410, 411; 5 Appleman, Insurance, s. 3082. The cases make a distinction between a hostile fire which is covered by the policy and a friendly fire which is not covered by the policy. Abbot, The Aleaning of Fire in an Insurance Policy against…

2Cases cited8 opinions

  1. O'Connor v. Queen Insurance Co. of AmericaWisconsin Supreme Court · 1909
  2. Way v. Abington Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896
  3. Lavitt v. Hartford County Mutual Fire InsuranceSupreme Court of Connecticut · 1927
  4. McGraw v. Home InsuranceSupreme Court of Kansas · 1914
  5. Mode, Ltd. v. Fireman's Fund InsuranceIdaho Supreme Court · 1941

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Marcotte v. Timberlane/Hampstead School DistrictSupreme Court of New Hampshire · 1999
  2. Catholic Medical Center v. Executive Risk Indemnity, Inc.Supreme Court of New Hampshire · 2005
  3. Consoli v. COMMONWEALTH INSURANCE COMPANYSupreme Court of New Hampshire · 1951
  4. Stillman v. North American Life & Casualty Co.District Court, D. New Hampshire · 1988

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