Second Society of Universalists v. Royal Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of fire insurance in the Massachusetts standard form. The material allegations of the declaration as amended are described in the opinion. Writ dated October 15, 1914. The defendant demurred. The demurrer was heard by Wait, J., and was sustained, and judgment was entered for the defendant. The plaintiff appealed.
1Opinion of the CourtRugg, C. J.
This is an action of contract upon a policy of fire insurance in the Massachusetts standard form. The material allegations of the declaration, after averring the issuance of the policy, a total loss by fire of the building insured, and the inability of the parties to agree upon the loss resulting from the fire, are that there was a reference of the amount of damage to arbitration as provided in the statute and an award by a majority of the referees only, and a refusal by the third to join in the award because of a belief that it did not contain all the loss suffered by the fire, and further…
2Cases cited45 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Hewins v. London Assurance Corp.Massachusetts Supreme Judicial Court · 1903
- Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
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3Cited by35 opinions
- Krebiozen Research Foundation v. Beacon Press, Inc.Massachusetts Supreme Judicial Court · 1956
- Mork v. Eureka-Security Fire & Marine Insurance Co.Supreme Court of Minnesota · 1950
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Pollock v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1935
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
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