Kelly v. Worcester Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance on a building comprising the plaintiff’s store, stable and carriage-house, for one year from January 1, 1866. Upon the face of the policy were printed these provisions : “ Provided, always, that whenever a building hereby insured shall be unoccupied, or shall be occupied or used for the manufacture of wool, cotton, hemp, oil, paper, machinery iron or wood work of any kind, or any other business or purpose alike hazardous, (unless herein…
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Contract upon a policy of insurance on a building comprising the plaintiff’s store, stable and carriage-house, for one year from January 1, 1866. Upon the face of the policy were printed these provisions : “ Provided, always, that whenever a building hereby insured shall be unoccupied, or shall be occupied or used for the manufacture of wool, cotton, hemp, oil, paper, machinery iron or wood work of any kind, or any other business or purpose alike hazardous, (unless herein specially provided for,) or for the storage of wool, cotton, hemp, or wool or cotton waste, or if occupied or used for…
1Opinion of the CourtGray, J.
We have not found it necessary to consider the question, which was much discussed at the bar, whether, by the fair construction of the agreed statement, the plaintiff must be taken to have known that the building insured was used for unlawful purposes; because we are of opinion that upon the undisputed facts such knowledge need not be shown in order to sustain the defence.
The plaintiff’s tenant, for two or three months before the fire, stored a number of barrels of intoxicating liquors in the building, with intent to sell such liquors in it, and did in fact from time to time sell the same…
2Cases cited1 opinion
- Howell v. Baltimore Equitable SocietyCourt of Appeals of Maryland · 1860
3Cited by21 opinions
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Erb v. German-American InsuranceSupreme Court of Iowa · 1897
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
- Westchester Fire Insurance v. Ocean View Pleasure Pier Co.Supreme Court of Virginia · 1907
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