Bouchard v. Dirigo Mutual Fire Insurance
Supreme Judicial Court of Maine
On exceptions by plaintiff. This is an action on- a fire insurance policy, issued August 22, 1911, on plaintiff’s farm buildings and personal property, which were destroyed by fire on the 28th day of November, 1912. Plea, the general issue, together with brief statement of special matters in defense. At the conclusion of plaintiff’s testimony, the presiding Justice ordered a nonsuit, and the plaintiff excepted to said order. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
Action on a fire insurance policy for loss of plaintiff’s farm buildings and personal property. The presiding Justice ordered a nonsuit. The main issue is whether the fact that the fire was caused by the operation of a gasoline engine by the plaintiff for threshing grain, in the barn floor, avoided the policy either because it violated the “prohibited articles” clause or the clause against increase of risk.
1. Prohibited Articles.
The standard policy contains this provision among others: “This policy shall be void .... if camphene, benzine, naphtha or other chemical «oils or burning fluids…
2Cases cited16 opinions
- Carlin v. Western Assurance Co. of Toronto, CanadaCourt of Appeals of Maryland · 1882
- Smith v. German InsuranceMichigan Supreme Court · 1895
- Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
- Archer v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1869
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Globe & Rutgers Fire Insurance v. Indiana Reduction Co.Indiana Court of Appeals · 1916
- Insurance Co v. . Harrison-Wright Co.Supreme Court of North Carolina · 1935
- American Indemnity Co. v. JagoeCourt of Appeals of Texas · 1934
- Farmers' State Bank v. Tri-State Mutual Grain Dealers Fire InsuranceSouth Dakota Supreme Court · 1919
- State v. BurnsSupreme Judicial Court of Maine · 1973