Woolford v. Phenix Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of fire insurance in the Massachusetts standard form issued by the defendant to the estate of Ellen S. Robinson, and afterwards assigned to the plaintiff, with the assent of the defendant, insuring the Pigeon Cove House at Roekport in the sum of $6,000 for the term of one year beginning August 29, 1902. Writ dated May 20,1903. The answer contained a general denial and an allgation that there was other insurance on the property described in the policy…
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Contract upon a policy of fire insurance in the Massachusetts standard form issued by the defendant to the estate of Ellen S. Robinson, and afterwards assigned to the plaintiff, with the assent of the defendant, insuring the Pigeon Cove House at Roekport in the sum of $6,000 for the term of one year beginning August 29, 1902. Writ dated May 20,1903. The answer contained a general denial and an allgation that there was other insurance on the property described in the policy without the assent in writing or in print of the defendant. In the Superior Court the case was heard by Stevens, J. upon…
1Opinion of the CourtHammond, J.
This clause called the “ Standard Guarantee to maintain eighty per cent insurance ” is of recent origin, but it does not entirely supersede the clause providing that the policy shall be void in case of additional insurance without the consent of the company. The two clauses are not necessarily inconsistent, and, to a certain extent at least, can stand together, *235each having its due scope. As stated by Hamersley, J. in a similar case, “ If, as the plaintiffs claim, the adoption of the [guaranty] clause imposes on the insured an obligation to procure such additional insurance as may be necessary…
2Cases cited3 opinions
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Pool v. Milwaukee Mechanics' InsuranceWisconsin Supreme Court · 1895
- Cutler v. Royal InsuranceSupreme Court of Connecticut · 1898
3Cited by1 opinion
- Beazell v. Farmers Mutual InsuranceMissouri Court of Appeals · 1923