Davis v. Ætna Mutual Fire Insurance
Supreme Court of New Hampshire
Assumpsit, upon a policy of insurance on the plaintiff’s mill and contents in Massachusetts, which were destroyed by fire. Verdict for the plaintiff.
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Assumpsit, upon a policy of insurance on the plaintiff’s mill and contents in Massachusetts, which were destroyed by fire. Verdict for the plaintiff. The policy contained the following provision, among others : “ The assured by the acceptance of this policy hereby warrants, that any application, survey, plan, statement, or description, connected with procuring this insurance, or contained in or referred to in this policy, is true, and shall be a part of this policy; that the assured has not overvalued the property herein described, nor omitted to state to the company any information material…
1Opinion of the CourtWallace, J.
The contract is to be construed according to the laws of Massachusetts, and the plaintiff’s motion for a re hearing in Davis v. Insurance Co., 67 N. H. 218, is denied for the reasons stated in the opinion in that case.
Mass. P. S., c. 119, s. 181, provides in substance that no misrepresentation in obtaining a policy shall avoid it unless “ such misrepresentation is made with actual intent to deceive or unless the matter misrepresented increases the risk of loss.” One of the qhestions tried was whether the insured suppressed any material fact, within the meaning of this statute, in her…
2Cases cited1 opinion
- Davis v. Ætna Mutual Fire InsuranceSupreme Court of New Hampshire · 1892