Legal Opinion
Martin J. McDonough v. Hardware Dealers Mutual Fire Insurance Company
Court of Appeals for the First Circuit
Decided September 30, 1971No. 71-1142PublishedCited by 4 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
Plaintiff McDonough is the owner of a building insured under a standard Massachusetts fire policy issued by the defendant. A fire occurred nearby which required some 700,000 gallons of water to extinguish. Some of this water flowed onto plaintiff’s land, damaging the building. Defendant conceded, correctly, see Jiannetti v. National Fire Ins. Co. of Hartford, 1931, 277 Mass. 434, 438, 178 N.E. 640, that it was liable for this damage. Much of the water, however, went underground where, allegedly, after a number of months, it weakened the foundations, causing the building…
2Cases cited5 opinions
- Gaunt v. John Hancock Mut. Life Ins. Co.Court of Appeals for the Second Circuit · 1947
- VAPPI & CO. INC. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1965
- Insurance Co. Of North America v. Newtowne Mfg. Co. Insurance Co. Of North America v. Holland Transp. Co., IncCourt of Appeals for the First Circuit · 1951
- John C. Marston, Etc. v. American Employers Insurance Co., Rita J. Wallace, Administratrix v. American Employers Insurance Co.Court of Appeals for the First Circuit · 1971
- Jiannetti v. National Fire Insurance Co. of HartfordMassachusetts Supreme Judicial Court · 1931
3Cited by4 opinions
- Standard Electric Supply Co. v. Norfolk & Dedham Mutual Fire InsuranceMassachusetts Appeals Court · 1974
- Mellon v. Hingham Mutual Fire InsuranceMassachusetts Appeals Court · 1984
- Jones v. Columbia Mutual Insurance Co.Missouri Court of Appeals · 1985
- Cortina Realty Trust ex rel. Breen v. Pacific InsuranceMassachusetts Superior Court · 2010