Bardwell v. Conway Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance by which the defendant insured Justin R. Smith, the plaintiff’s intestate, for the term of five years from August 13,1873, “ against loss or damage by fire, under the conditions and limitations hereinafter expressed, in the sum of $1300, as follows : $1000 on his two story frame dwelling-house and wood-shed connected ; $100 on his household furniture therein; $100 on his barn and shed connected; $100 on bis hay therein; situate in West…
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Contract on a policy of insurance by which the defendant insured Justin R. Smith, the plaintiff’s intestate, for the term of five years from August 13,1873, “ against loss or damage by fire, under the conditions and limitations hereinafter expressed, in the sum of $1300, as follows : $1000 on his two story frame dwelling-house and wood-shed connected ; $100 on his household furniture therein; $100 on his barn and shed connected; $100 on bis hay therein; situate in West Whately, Massachusetts, and occupied by himself for a dwelling and private barn. $2200 insurance on said house, $300 on the…
1Opinion of the CourtWells, J.
It does not appear from the exceptions, and the jury have not found, that the excessive valuation of the property by the plaintiff, in his application for insurance, and in his affidavit or “ proof of loss,” was material to the risk so as to avoid the policy, as a representation, or intentionally false so as to defeat the right to recover, on the ground of fraud. The verdict for the defendant must therefore stand, if at all. upon the ground that the plaintiff had already received more than three fourths of *468what was found by the jury to be the actual value of the property, by means of his…
2Cited by11 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
- Citizens' Savings Bank & Trust Co. v. Fitchburg Mutual Fire InsuranceSupreme Court of Vermont · 1912
- Thomas v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
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