Legal Opinion

Harvey v. Pawtucket Mutual Fire Insurance

Massachusetts Supreme Judicial Court

Decided October 18, 1924PublishedCited by 11 opinions

1Opinion of the CourtPierce, J.

This is an action of contract to recover for the total loss of an automobile upon a fire insurance policy. *166It was agreed at the trial that proof of loss and all conditions precedent to bringing suit had been complied with.

Under the heading, “ Exclusions,” the policy stated, among other conditions, “2. It is a condition of this policy that it shall be null and void. ...(c) If the interest of the assured in the property be other than unconditional and sole ownership, or if the subject of this insurance be or becomes encumbered by any lien or mortgage except as stated in Warranty No. 3, or…

2Cases cited2 opinions

  1. Ballard v. Globe & Rutgers Fire InsuranceMassachusetts Supreme Judicial Court · 1921
  2. Wheeler v. Watertown Fire InsuranceMassachusetts Supreme Judicial Court · 1881

3Cited by11 opinions

  1. Faris v. Travelers Indemnity Co.Massachusetts Supreme Judicial Court · 1932
  2. Simpionbato v. Royal InsuranceMassachusetts Supreme Judicial Court · 1925
  3. Atkins v. STONEWALL CASUALTY COMPANYWest Virginia Supreme Court · 1971
  4. Brough v. Presidential Fire Marine Ins. Co.Louisiana Court of Appeal · 1937
  5. Gormley v. Westchester Fire InsuranceMassachusetts Supreme Judicial Court · 1926

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