Atwood v. Caledonian American Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against fire in the Massachusetts standard form, dated April 2, 1904, covering household furniture and other personal property contained in a dwelling house, numbered 73 on Clark Street in Everett, which was destroyed by fire on January 24, 1907. In the Superior Court the'case was referred to Herbert C. Joyner, Esquire, as auditor, who filed a report, and, after a re-committal of the case to him, filed a second report.
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Contract upon a policy of insurance against fire in the Massachusetts standard form, dated April 2, 1904, covering household furniture and other personal property contained in a dwelling house, numbered 73 on Clark Street in Everett, which was destroyed by fire on January 24, 1907. In the Superior Court the'case was referred to Herbert C. Joyner, Esquire, as auditor, who filed a report, and, after a re-committal of the case to him, filed a second report. Later the case was tried before Grosby, J., the only evidence that was introduced being the auditor’s second report and the policy of…
1Opinion of the CourtHammond, J.
One of the express conditions of the policy was that no extraordinary alterations, additions and repairs should be made in and upon the premises containing the property insured “ without the consent of this company indorsed on this policy ” ; and one of the grounds of the defense is that before the loss this condition had been violated and the policy thereby avoided. It is not disputed by the plaintiff that such changes were made without such indorsement; and the defense, if now open to the defendant, would seem to be complete. But the plaintiff says that by reason of the conduct of the…
2Cases cited12 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1888
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
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- Cass v. LordMassachusetts Supreme Judicial Court · 1920
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- Bogosian v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1944
- Blair v. National Reserve InsuranceMassachusetts Supreme Judicial Court · 1935
- Swaine v. Teutonia Fire InsuranceMassachusetts Supreme Judicial Court · 1915
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