Smith v. Union Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance on a house issued May 24, 1872, by the defendant to the plaintiff, containing the following provision: “ And the assured hereby covenant and engage that if the assured shall have made or shall hereafter make any other insurance upon the said property without the knowledge and consent of the said' company, or if the said property should be removed without necessity to any other place, or if the situation or circumstances affecting the risk…
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Contract upon a policy of insurance on a house issued May 24, 1872, by the defendant to the plaintiff, containing the following provision: “ And the assured hereby covenant and engage that if the assured shall have made or shall hereafter make any other insurance upon the said property without the knowledge and consent of the said' company, or if the said property should be removed without necessity to any other place, or if the situation or circumstances affecting the risk thereupon shall be so altered or changed, by or with the advice, agency or consent of the assured, as to increase the…
1Opinion of the CourtGray, C. J.
Upon the conveyance of the premises and the assignment of the policy, with the assent of the insurance company, from Smith to Bigelow, Bigelow became the owner of the property and the assured in the policy. The order, afterwards indorsed by him upon the policy, did not make the plaintiff the assignee of the policy, nor the party insured thereby, but merely the payee in case of loss. The subsequent conveyance and sale of the property by Bigelow, without the assent of the company, avoided the policy, so that neither the plaintiff nor any other person can maintain an action thereon. Bates v.…
2Cases cited3 opinions
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Bates v. Equitable InsuranceSupreme Court of the United States · 1870
- Atherton v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Smith v. Union Insurance Co., Etc.Supreme Court of Rhode Island · 1903
- Oakes v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1881
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