Mullaney v. National Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, dated December 5, 1872, by which the defendant insured the plaintiffs “ against loss or damage by fire to the amount of one thousand dollars on their frame dwelling house, occupied by tenants, situate on the south aide of Clough Street, in Pittsfield, Mass., other insurance permitted ; ” and promised and agreed to make good to them all such immediate loss or damage, not exceeding the amount hereby insured, as shall happen by fire to the…
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Contract on a policy of insurance, dated December 5, 1872, by which the defendant insured the plaintiffs “ against loss or damage by fire to the amount of one thousand dollars on their frame dwelling house, occupied by tenants, situate on the south aide of Clough Street, in Pittsfield, Mass., other insurance permitted ; ” and promised and agreed to make good to them all such immediate loss or damage, not exceeding the amount hereby insured, as shall happen by fire to the property as above specified, from December 1, 1872, to December 1, 1877; “ the amount of loss or damage to be estimated…
1Opinion of the CourtGray, C. J.
The St. of 1864, c. 196, requires that “ the conditions of the insurance shall be stated in the body of the policy.” It has been held by this court that this requirement is complied with by a statement of the substance of the condition on the face of the policy, with a distinct reference to the schedules or details of regulations printed upon a subsequent page of the instrument • but that a mere general declaration upon the face of the policy that it is made and accepted in reference to the conditions annexed, and that they are part of the contract, cannot be allowed any effect, without…
2Cited by3 opinions
- Hodgkins v. BowserMassachusetts Supreme Judicial Court · 1907
- Northwestern Life Assurance Co. v. SchulzAppellate Court of Illinois · 1901
- Taylor v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1876