Legal Opinion

McCluskey v. Providence Washington Insurance

Massachusetts Supreme Judicial Court

Decided February 26, 1879PublishedCited by 8 opinions

Contract. The declaration alleged that on July 27, 1876, the defendant delivered to Margaret E. Kinney a policy of insurance against fire, for the term of one year, beginning July 21, 1876, whereby the defendant agreed to insure said Kinney, on certain buildings, in the sum of $1500, against loss by fire; that on November 3, 1876, the policy was assigned to the plaintiff, the property having been conveyed to her with the assent of the defendant; that the property insured was…

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Contract. The declaration alleged that on July 27, 1876, the defendant delivered to Margaret E. Kinney a policy of insurance against fire, for the term of one year, beginning July 21, 1876, whereby the defendant agreed to insure said Kinney, on certain buildings, in the sum of $1500, against loss by fire; that on November 3, 1876, the policy was assigned to the plaintiff, the property having been conveyed to her with the assent of the defendant; that the property insured was destroyed by fire on July 1, 1877, and due notice and proof of loss given to the defendant. The answer denied that…

1Opinion of the CourtSoule, J.

When the policy sued on was issued, Kinney, the person whom it purported to insure against loss, had no insurable interest in the property, and the policy was therefore void in her hands. The assignment of all her interest in the policy to the plaintiff, assented to by the defendant, did not create a new and independent contract of insurance between the parties to this action. The plaintiff took by the assignment only such rights as Kinney had under the policy. Bowditch Ins. Co. v. Winslow, 8 Gray, 38. Loring v. Manufacturers’ Ins. Co. 8 Gray, 28. Lawrence v. Holyoke Ins. Co. 11 Allen, 387.…

2Cited by8 opinions

  1. Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
  2. Beals v. CaseMassachusetts Supreme Judicial Court · 1884
  3. Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
  4. Mowles v. Boston InsuranceMassachusetts Supreme Judicial Court · 1917
  5. Thomas v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1894

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