Brown v. Quincy Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy issued by the defendants under date of October 29,1867, insuring the plaintiff’s barn against fire, in the sum of $800, “ being not more than three fourths of the value of the property described in the application of the insured,” and containing the following printed clause : “ This company shall in no event be liable beyond the sum insured, nor beyond three fourths of the actual cash value of the property insured at the time of the loss or damage, nor…
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Contract on a policy issued by the defendants under date of October 29,1867, insuring the plaintiff’s barn against fire, in the sum of $800, “ being not more than three fourths of the value of the property described in the application of the insured,” and containing the following printed clause : “ This company shall in no event be liable beyond the sum insured, nor beyond three fourths of the actual cash value of the property insured at the time of the loss or damage, nor beyond such sum as will enable the insured to replace or restore the property lost or damaged.” The application stated…
1Opinion of the CourtMorton, J.
The defendant corporation insured the plaintiff upon her barn in the sum of $800. In her application the plaintiff represented the barn to be of the value of $1200, and the defendants, upon this valuation, issued this policy, being for less than three quarters of the value of the property insured. If the policy had contained no stipulation controlling the valuation thus agreed upon by the parties, it is clear that, under the decisions cited by the plaintiff, this valuation would be conclusive upon both parties, and it would not be competent for the defendants to show that, at the time of the…
2Cited by4 opinions
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