Carleton v. Patrons' Androscoggin Mutual Fire Insurance
Supreme Judicial Court of Maine
On report. Assumpsit on a policy of fire insurance. Plea, the general issue with brief statement alleging in substance that the policy was rendered void because of misstatement of material facts in the written application for the policy and also because of a prior valid insurance on the property when the policy in suit was issued, etc. At the conclusion of the evidence the case was reported to the Law Court for determination. The case is stated in the opinion.
1Opinion of the CourtWhitehousE, C. J.
This is an action upon a policy of fire insurance bearing date July ist, 1910, but actually issued by the defendant to the plaintiff July 25, 1910, in the form prescribed by law for the Maine standard policy, with a rider attached thereto. It contains the following stipulation: “This policy shall be void if any material fact or circumstance stated in writing has not been fairly represented by the insured; or if the insured now has or shall hereafter make any other insurance on the said property, without the assent in writing or in print of the Company.”
Two defenses to this action are…
2Cases cited9 opinions
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878
- Hoyt v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Allen v. Massachusetts Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1896
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3Cited by7 opinions
- K. C. Working Chemical Co. v. Eureka-Security Fire & Marine InsuranceCalifornia Court of Appeal · 1947
- Hurd v. Maine Mutual Fire InsuranceSupreme Judicial Court of Maine · 1942
- Harris v. Security Mutual Life InsuranceTennessee Supreme Court · 1914
- Patrons Mutual Insurance v. RideoutSupreme Judicial Court of Maine · 1980
- Bryson v. American Eagle Fire InsuranceSupreme Judicial Court of Maine · 1933
2 more not listed; retrieve them via the Exa API.