Peirce v. Cohasset Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against fire, issued by the defendant to the plaintiff “on his frame dwelling-house.” The policy contained the following clause : “ When the assured shall alter or enlarge a building, or appropriate it to other purposes than those mentioned in the policy, so as to increase the risk, without first obtaining the consent of the directors, and paying such premium as they may require, the said policy shall thereupon be void.”
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Contract upon a policy of insurance against fire, issued by the defendant to the plaintiff “on his frame dwelling-house.” The policy contained the following clause : “ When the assured shall alter or enlarge a building, or appropriate it to other purposes than those mentioned in the policy, so as to increase the risk, without first obtaining the consent of the directors, and paying such premium as they may require, the said policy shall thereupon be void.” The pleadings appear in the opinion. At the tidal in the Superior Court, before Crardner, J., the plaintiff put in evidence the policy of…
1Opinion of the CourtEndicott, J.
The policy insures the frame dwelling-house of the plaintiff, and contains no other description of the building. The declaration states that it was totally destroyed by fire while the policy was in force, and that the plaintiff is entitled to recover the sum named in the policy.
*573The answer is not clear and precise in its terms, but it in substance alleges that the plaintiff agreed and warranted in the policy, that the building was and should be occupied as a dwelling-house, and for no other purpose, and that, disregarding the agreements and warranties of the policy, the plaintiff used and…
2Cases cited1 opinion
- Hawes v. RyderMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
- Baisch v. MuellerSupreme Court of Colorado · 1912