Thomas v. Commercial Union Assurance Co.
Massachusetts Supreme Judicial Court
Two actions OF contract upon a policy of insurance, in the form prescribed by Pub. Sts. c. 119, § 139, insuring the plaintiff Thomas, in consideration of the payment by her to the defendant of the sum of ten dollars and eighty-three cents, against loss by fire for one year from July 14, 1890. The amounts and the property insured were as follows: “$3,000 on her frame dwelling-house situate on Glen Avenue near Coolidge Avenue, Watertown, Mass.; $1,000 on her frame private…
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Two actions OF contract upon a policy of insurance, in the form prescribed by Pub. Sts. c. 119, § 139, insuring the plaintiff Thomas, in consideration of the payment by her to the defendant of the sum of ten dollars and eighty-three cents, against loss by fire for one year from July 14, 1890. The amounts and the property insured were as follows: “$3,000 on her frame dwelling-house situate on Glen Avenue near Coolidge Avenue, Watertown, Mass.; $1,000 on her frame private stable situate near the above dwelling.” On the face of the policy were the words: “Payable, in case of loss, to Joseph…
1Opinion of the CourtMorton, J.
The policy upon which these suits are brought was issued to the plaintiff Thomas. The property which was the subject of the insurance is described in the policy as “ her frame dwelling-house situated on Glen Avenue near Coolidge Avenue, Watertown, Mass.,” and “ her frame private stable situated near the above dwelling.” There was but one premium paid for the dwelling and stable, and the contract of insurance was an entire one. If it is void in part, it is void altogether, and cannot be apportioned. Friesmuth v. Agawam Ins. Co. 10 Cush. 587. Brown v. People's Ins. Co. 11 Cush. 280. Lee v.…
2Cases cited4 opinions
- Batchelder v. Queen InsuranceMassachusetts Supreme Judicial Court · 1883
- Goddard v. Monitor Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1871
- Ring v. Phœnix Assurance Co.Massachusetts Supreme Judicial Court · 1888
- McCluskey v. Providence Washington InsuranceMassachusetts Supreme Judicial Court · 1879
3Cited by20 opinions
- Carr v. RileyMassachusetts Supreme Judicial Court · 1908
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Ritson v. Atlas Assurance Co.Massachusetts Supreme Judicial Court · 1932
- John Hancock Mutual Life Insurance v. SchwarzerMassachusetts Supreme Judicial Court · 1968
- Kukuruza v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1931
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