Harrington v. Fitchburg Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, dated November 1, 1875, by which the defendant insured Patrick Johnson for the term of one year from November 1, 1875, in the sum of $3000, “ on his ten tenement frame block,” “ payable in case of loss to Samuel P. Harrington, mortgagee, as his interest may appear.”
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Contract upon a policy of insurance, dated November 1, 1875, by which the defendant insured Patrick Johnson for the term of one year from November 1, 1875, in the sum of $3000, “ on his ten tenement frame block,” “ payable in case of loss to Samuel P. Harrington, mortgagee, as his interest may appear.” The policy contained the following printed'provisions: “ Consent to insure to | the value,” “ whenever a building hereby insured shall be unoccupied; ” “ or if, without the consent of the company, expressed in this policy, the assured shall now have, or shall hereafter make, any other contract…
1Opinion of the CourtLord, J.
Although the ownership of the equity of redemption had been changed, the policy in suit was substantially a renewal of a former policy upon the same property, for the same *129sum, and with the same incumbrance, and payable to the same person.
The defendant contends that it is not liable, for these reasons : first, because, before the fire, the policy declared upon by the plaintiff had become void and of no effect for the reason that the building had been, and, at the time of said fire, was, unoccupied; and, secondly, because Johnson had procured insurance upon the building without the consent of…
2Cases cited1 opinion
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
3Cited by19 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Fageol Truck & Coach Co. v. Pacific Indemnity Co.California Supreme Court · 1941
- Officer v. American Eagle Fire Ins. Co.Supreme Court of Louisiana · 1932
- Georgia Co-Operative Fire Ass'n v. Borchardt & Co.Supreme Court of Georgia · 1905
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
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