Everson v. General Accident, Fire & Life Assurance Corp.
Massachusetts Supreme Judicial Court
Contract upon a policy of accident insurance issued by the defendant, to recover $10,000 and interest thereon for the accidental loss of the plaintiff’s right hand, which was injured by fire in a burning building on November 18, 1907, and was amputated on November 22, 1907. Writ dated April 15,1908. In the Superior Court the case was tried before White, J. Among the instructions requested by the defendant were the following: “ 6. The. plaintiff made a warranty in the…
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Contract upon a policy of accident insurance issued by the defendant, to recover $10,000 and interest thereon for the accidental loss of the plaintiff’s right hand, which was injured by fire in a burning building on November 18, 1907, and was amputated on November 22, 1907. Writ dated April 15,1908. In the Superior Court the case was tried before White, J. Among the instructions requested by the defendant were the following: “ 6. The. plaintiff made a warranty in the contract. or policy of insurance declared upon that no application ever made by him for insurance had been declined, and this…
1Opinion of the CourtRttgg, J.
1. The first contention of the defendant is that the trial judge erred in refusing to direct a verdict in its favor because of the plaintiff’s breach of warranty that his weekly income exceeded the gross amount of weekly indemnity under all policies carried by him. This statement respecting income appears in a rider pasted on the third page of the contract of insurance, the heading of which is “ Schedule of warranties made by the insured on the acceptance of this policy.” The defendant contends that the statements contained in this schedule, being expressed to be a part of the consideration…
2Cases cited15 opinions
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Cady v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1908
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
10 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Young v. . Whitehall Co.Supreme Court of North Carolina · 1948
- Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943
- Liberty Trust Co. v. TiltonMassachusetts Supreme Judicial Court · 1914
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
65 more not listed; retrieve them via the Exa API.