Pottle v. Liverpool & London & Globe Insurance
Supreme Judicial Court of Maine
On motion by defendant. Assumpsit on a fire insurance policy Maine standard form, issued by the defendant. Plea, the general issue with a brief statement alleging, among other things, as follows : "That the alleged fire originated by the voluntary act, design, and procurement of the plaintiffs, or one of them, whereby they attempted to defraud defendant, and that the policy declared on was thereby rendered void.
Read the full summary
On motion by defendant. Assumpsit on a fire insurance policy Maine standard form, issued by the defendant. Plea, the general issue with a brief statement alleging, among other things, as follows : "That the alleged fire originated by the voluntary act, design, and procurement of the plaintiffs, or one of them, whereby they attempted to defraud defendant, and that the policy declared on was thereby rendered void. "That plaintiffs attempted to defraud the defendant by knowingly and intentionally including in their proof of loss, personal property that was not in their store when the fire…
1Opinion of the CourtCornish, J.
It is a firmly established legal doctrine that if a plaintiff in an action on a policy of fire insurance falsely and knowingly inserts in his sworn proof of loss, any articles as burned which were not burned, or knowingly puts such a false and excessive valuation on single articles or on the whole property as displays a reckless disregard of truth, he cannot recover. His own fraudulent acts prohibit it. Dolloff v. Ins. Co., 82 Maine, 266; Rovinsky v. Ins. Co., 100 Maine, 112.
*403A painstaking examination and consideration of the record in this case, lead inevitably to the conclusion that although…
2Cited by5 opinions
- State v. GrierNew York Court of General Session of the Peace · 1913
- Campbell v. Great Lakes Insurance Co.Michigan Supreme Court · 1924
- American Home Fire Assur. Co. v. Juneau Store Co.Court of Appeals for the Seventh Circuit · 1935
- C. López Pérez, Inc. v. Western Assurance Co.Supreme Court of Puerto Rico · 1929
- C. López Pérez, Inc. v. Western Assurance Co.Supreme Court of Puerto Rico · 1929