Taylor v. Ætna Insurance
Massachusetts Supreme Judicial Court
Contract upon two policies of fire insurance upon buildings and machinery at Plympton, in Plymouth County, issued by the defendant, a corporation under the laws of Connecticut.
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Contract upon two policies of fire insurance upon buildings and machinery at Plympton, in Plymouth County, issued by the defendant, a corporation under the laws of Connecticut. The policies each contained, after the statement of the property insured and the amounts of the insurance, the following clause: “ Reference is had to application on file at this office, which is hereby made a part of this policy and a warranty on the part of the assured,” and the further clauses that the company was not to be liable for loss or damage “ if the assured, in the written or verbal application for…
1Opinion of the CourtColt, J.
This case depends upon the provisions of the St. of 1864, e. 196, which regulate the form to be used in all fire policies issued by companies chartered or doing business in this Commonwealth The statute requires that “the conditions of the insurance shall be stated in the body of the policy, and neither the application of the insured nor the by-laws of the company shall be considered as a warranty, or a part of the contract, except so far as they are incorporated in full into the policy, and so appear on its face, before the signatures of the officers of the company.”
The policies upon which…
2Cases cited5 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Luce v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1870
- Egan v. Mutual InsuranceNew York Supreme Court · 1848
- Mullaney v. National Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- ROYAL INSURANCE CO., LTD. v. CohenCourt of Appeals of Georgia · 1962
- Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
- Wheeler v. Watertown Fire InsuranceMassachusetts Supreme Judicial Court · 1881
- Morrison v. Boston InsuranceMassachusetts Supreme Judicial Court · 1920