Palmer v. Pawtucket Mutual Insurance

Palmer and his wife, owners of a house in Marshfield, were issued a “homeowners” policy of insurance written by the defendant (the insurer). The policy covered their real estate and personal property in the house against varied risks. During the winter of 1962-1963, the fluid in the hot water system froze and caused pipes to burst. The damage of $3,335.13 was within the broad coverage of the policy, unless the insurer is relieved of liability by § 5 of the portion of the policy describing the perils against which insurance is provided. Section 5 excluded from coverage “loss resulting from…