Lovewell v. Westchester Fire Insurance
Massachusetts Supreme Judicial Court
Two actions OF contract upon policies of insurance, issued by the defendants respectively on the plaintiffs’ “ fixed and movable machinery, engine, lathes and tools,” contained in the same building.
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Two actions OF contract upon policies of insurance, issued by the defendants respectively on the plaintiffs’ “ fixed and movable machinery, engine, lathes and tools,” contained in the same building. The policy in the- second case contained, in addition, the following provision, “ this insurance does not apply to or cover jewels, plate," watches, musical or scientific instruments, (piano-fortes in dwellings excepted,) ornaments, medals, patterns, printed music, printed books, engravings, paintings, picture frames, sculpture, casts, models, or curiosities, unless particularly specified in this…
1Opinion of the CourtAmes, J.
The plaintiffs were manufacturers of machinery, parts of which were made of cast iron. They were obliged to keep themselves supplied with wooden patterns in order to make the iron castings necessary to' the completion of their machines, and their practice was to send these patterns to the various foundries from which they procured the castings. The case turns upon the question whether a policy insuring “ their fixed and movable machinery, engine, lathes and tools ” can properly be held to include these wooden patterns. If the patterns can fairly be said to be tools, it is immaterial that,…
2Cited by6 opinions
- Adams v. New York Bowery Fire InsuranceSupreme Court of Iowa · 1892
- Furlong & Meloy v. North British & Mercantile InsuranceSupreme Court of Iowa · 1907
- Rowland v. Reynolds Electrical Engineering Co.New Mexico Supreme Court · 1951
- Bertine v. North River Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Excello Clothing Co. v. Marquette National Fire InsuranceSupreme Court of New Jersey · 1924
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