Hill v. Middlesex Mutual Assurance Co.
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance in the Massachusetts ' standard form against loss by fire on the plaintiff’s property in Warren, containing the following provision : “ This policy shall be void ... if without such assent, [the assent in writing or in print of the company,] the situation or circumstances affecting the risk shall, by or with the knowledge, advice, agency or consent of the insured, be so altered as to cause an increase of such risks.”
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Contract, upon a policy of insurance in the Massachusetts ' standard form against loss by fire on the plaintiff’s property in Warren, containing the following provision : “ This policy shall be void ... if without such assent, [the assent in writing or in print of the company,] the situation or circumstances affecting the risk shall, by or with the knowledge, advice, agency or consent of the insured, be so altered as to cause an increase of such risks.” Trial in the Superior Court, without a jury, before Grashill, J., who allowed a bill of exceptions, in substance as follows. The defendant…
1Opinion of the CourtLathrop, J.
The policy in suit is in the Massachusetts standard form, and contains the following clause : “ This policy shall be void ... if without such assent, [the assent in writing or in print of the company,] the situation or circumstances affecting the risk shall, by or with the knowledge, advice, agency or consent of the insured, be so altered as to cause an increase of such risks.”
The judge who tried the case without a jury has found as a fact “that the risk was increased during the progress of the material alterations, and that the rate of insurance during that *545time was greater in consequence of…
2Cases cited3 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1889
3Cited by5 opinions
- Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
- Dolliver v. Granite State Fire InsuranceSupreme Judicial Court of Maine · 1913
- Stuart v. Reliance InsuranceMassachusetts Supreme Judicial Court · 1901
- Rabinovitz v. National Fire InsuranceMassachusetts Supreme Judicial Court · 1927