Davis v. Ætna Mutual Fire Insurance
Supreme Court of New Hampshire
Assumpsit, on policies of insurance against fire. Facts agreed. The plaintiff, at the date of the policies, was and still is a resident of Massachusetts, and the property insured is situate in Massachusetts.- The defendant companies were organized under the laws of New Hampshire, and their principal place of business is in New Hampshire.
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Assumpsit, on policies of insurance against fire. Facts agreed. The plaintiff, at the date of the policies, was and still is a resident of Massachusetts, and the property insured is situate in Massachusetts.- The defendant companies were organized under the laws of New Hampshire, and their principal place of business is in New Hampshire. The plaintiff applied for insurance to a broker in Massachusetts, who applied to brokers in Indiana, and they sent applications to the defendants at Concord, New Hampshire, and the policies were there made. The defendant companies issue two forms of policies,…
1Opinion of the CourtBlodgett, J.
The policies in suit having been made at the -defendants’ office in this state on applications received by mail, the contracts became complete when the. policies were deposited in the mail to be forwarded to the insurance brokers from whom the applications were received (Abbott v. Shepard, 48 N. H. 14, Tayloe v. Merchants Ins. Co., 9 How. 390, Shattuck v. Mutual life Ins. Co., 4 Cliff. 598, Utley v. Donaldson, 94 U. S. 29, 45, Eames v. Home Ins. Co., id. 621, and Bailey v. Hope Ins. Co., 56. Me. 474); and as the general rule is that the law of the place where the contract is made is to govern…
2Cases cited4 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Utley v. DonaldsonSupreme Court of the United States · 1877
- Shattuck v. Mutual Life Ins.U.S. Circuit Court for the District of Massachusetts · 1878
3Cited by3 opinions
- Diamond International Corporation v. Allstate Insurance CompanyCourt of Appeals for the First Circuit · 1983
- Equitable Life Assurance Society of United States v. PerkinsIndiana Court of Appeals · 1907
- Davis v. Ætna Mutual Fire InsuranceSupreme Court of New Hampshire · 1895