Legal Opinion

Citizens' Savings Bank & Trust Co. v. Fitchburg Mutual Fire Insurance

Supreme Court of Vermont

Decided November 8, 1912PublishedCited by 20 opinions

General Assumpsit on a fire insurance policy. Plea, the general issue and notice thereunder. Trial by jury at the June Term, 1910, Caledonia County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.

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General Assumpsit on a fire insurance policy. Plea, the general issue and notice thereunder. Trial by jury at the June Term, 1910, Caledonia County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The defendant excepted to the refusal of the court to comply with the following requested instruction: “For the purpose of this ease, the value of the building in controversy at the time of the fire is what you find it would cost to construct such building in St. Johnsbury at the time, less such amount as you may allow for depreciation in value from all…

1Opinion of the CourtMunson, J.

The suit is upon a fire insurance policy of standard form containing the eighty per cent, coinsurance clause. There were ten other policies on the property in ten other companies. It was provided in each of the policies that the company issuing it should not be liable for any loss in a proportion greater than that which the amount of such policy bore to the entire insurance. Among the companies carrying the insurance were the Vermont Mutual and Union Mutual companies of Montpelier. Ten of the jurymen who tried the case held mutual plan policies in one or the other of these companies. The…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Hanover Fire Insurance v. Alexander Brown & SonsCourt of Appeals of Maryland · 1893
  2. Lamoille Valley R. R. v. BixbySupreme Court of Vermont · 1885
  3. Bardwell v. Conway Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
  4. Lucas v. Jefferson Insurance Co.New York Supreme Court · 1827
  5. State v. SuttonSupreme Court of Vermont · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
  2. In re DexterSupreme Court of Vermont · 1919
  3. State v. ParkerSupreme Court of Vermont · 1932
  4. Ohio Casualty Insurance v. RamseyIndiana Court of Appeals · 1982
  5. Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913

15 more not listed; retrieve them via the Exa API.

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