Taber v. Continental Insurance
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 6, 1912, by the holder of a second mortgage on certain land on Eastern Avenue in Malden with a building thereon numbered 268 and 270, against three insurance companies, the owner of a first mortgage and the owner of the equity of redemption, to recover for damage to the insured building by a fire which occurred on Novem-r ber 14, 1911; praying that an accounting might be made of the amounts due upon each of the…
Read the full summary
Bill in equity, filed in the Superior Court on February 6, 1912, by the holder of a second mortgage on certain land on Eastern Avenue in Malden with a building thereon numbered 268 and 270, against three insurance companies, the owner of a first mortgage and the owner of the equity of redemption, to recover for damage to the insured building by a fire which occurred on Novem-r ber 14, 1911; praying that an accounting might be made of the amounts due upon each of the mortgages, and that the court should determine the amount which each of the insurance companies should pay and to whom such…
1Opinion of the CourtDe Courcy, J.
The only issue in controversy relates to the apportionment among the three insurance companies of certain amounts to be paid in settling the damages caused by fire to a dwelling house in Malden. No question is raised as to the division of the money among the parties in interest, the owner and mortgagees. The property insured was a double apartment building divided into two halves of equal value. The total damage by fire was $5,115, of which $3,640 was to the northeast half and $1,475 to the southwest half.
The policies written by the three insurance companies were in the Massachusetts standard…
2Cases cited5 opinions
- Ogden v. . East River Insurance Co.New York Court of Appeals · 1872
- Schmaelzle v. London & Lancashire Fire InsuranceSupreme Court of Connecticut · 1903
- Liverpool & London & Globe Insurance v. Delta County Farmers' Ass'nCourt of Appeals of Texas · 1909
- Chandler v. Insurance Co. of North AmericaSupreme Court of Vermont · 1898
- Pavan v. Worthen & Aldrich Co.Supreme Court of New Jersey · 1912
3Cited by4 opinions
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
- Austin v. Dixie Fire InsuranceMassachusetts Supreme Judicial Court · 1919
- Schlussel v. Commercial Casualty InsuranceMichigan Supreme Court · 1927
- Insurance Co. of North America v. Protection Mutual InsuranceDistrict Court, D. Massachusetts · 1996