Hill v. Commercial Union Assurance Co.
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $2,500, issued by the defendant on December 6, 1888, for the term of five years, against loss by fire on a building of the plaintiff in Gardner. The answer set up an increase of risk without the assent of the defendant. Trial in the Superior Court, without a jury, before Dewey, J., who reported the case for the determination of this court, in substance as follows.
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Contract, upon a policy of insurance for $2,500, issued by the defendant on December 6, 1888, for the term of five years, against loss by fire on a building of the plaintiff in Gardner. The answer set up an increase of risk without the assent of the defendant. Trial in the Superior Court, without a jury, before Dewey, J., who reported the case for the determination of this court, in substance as follows. The building was totally destroyed by fire on February 10, 1893. Due proof of the loss was furnished to the defendants on October 3, 1893. The plaintiff, at the time of the fire, also held…
1Opinion of the CourtAllen, J.
The risk was increased under circumstances which would avoid the policy unless this defence is cut off by the acts of the defendant’s agents. The agents had authority to grant permits for vacancies, and also for repairs, by attaching written or printed permits to policies and sending copies thereof to the defendant. They had already granted such a permit for allowing the building to remain unoccupied; and one of them had said to the plaintiff, “ When the mechanics begin work we *410will put on [to the policy] a mechanic’s permit.” But it was never in fact done, and the agents had not been…
2Cases cited1 opinion
- Parker v. Rochester German InsuranceMassachusetts Supreme Judicial Court · 1895
3Cited by7 opinions
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
- Cauman v. American Credit Indemnity Co.Massachusetts Supreme Judicial Court · 1918
- Buysse v. Connecticut Fire InsuranceAppellate Court of Illinois · 1926
- Atwood v. Caledonian American InsuranceMassachusetts Supreme Judicial Court · 1910
- Langdon v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1896
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