Manter v. Boston Fire Insurance

On Motion for Rehearing. After the foregoing opinion was filed, the plaintiff moved for a rehearing and advanced several reasons therefor.

Page, J.

One contention advanced for the rehearing relates to the burden of proof concerning performance of the stipulations in the policies that the insured must make all reasonable exertions to save and protect the property when threatened by fire, on pain of voidance of the policies. This is now, for the first time, represented to be a condition subsequent, the breach of which can be established only if the defendants assume the burden of proof. The…