Chisholm v. Royal Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance of the plaintiff against loss by reason of theft of a motor car owned by him. Writ dated August 17, 1915. In the Superior Court the case was tried before. Keating, J. The material evidence is described in the opinion.
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Contract upon a policy of insurance of the plaintiff against loss by reason of theft of a motor car owned by him. Writ dated August 17, 1915. In the Superior Court the case was tried before. Keating, J. The material evidence is described in the opinion. The plaintiff asked the judge to instruct the jury as follows: “1. If the nature and extent of the damage done to the plaintiff’s automobile by theft was unknown to the plaintiff, and to the defendant, and incapable of ascertainment except by overhauling and taking apart the automobile, and the defendant’s adjuster, for the purpose of…
1Opinion of the CourtDe Cotjrcy, J.
The plaintiff’s automobile was stolen after ■eight o’clock in the evening, was abandoned by the thief, and when found about midnight was in a damaged condition. The ■car had been used by the plaintiff in his business as a plumber during the two years he owned it, had not been painted for some time, and had been damaged in an accident shortly before the •.theft. The policy insured the plaintiff, among other things, *430“against loss or damage by theft, robbery or pilferage in excess of $25.” It provided that “In the event of loss or damage under this policy, this company shall be liable only for…
2Cases cited3 opinions
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- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1894
- Albers v. Phoenix InsuranceMissouri Court of Appeals · 1897
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- Shapiro v. Security InsuranceMassachusetts Supreme Judicial Court · 1926
- Roemhild v. Home Ins. Co.Oregon Supreme Court · 1929
- Laidlaw v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1930
- Gormley v. Westchester Fire InsuranceMassachusetts Supreme Judicial Court · 1926
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