Legal Opinion

Elder v. Federal Insurance

Massachusetts Supreme Judicial Court

Decided January 29, 1913PublishedCited by 18 opinions

Contract upon a policy of insurance of the plaintiff’s automobile against loss or damage caused by fire. Writ dated March 12, 1910. The policy was for one year from March 31, 1908, and contained as one of its terms the following: "17. Warranted by the assured hereunder that the automobile hereby insured shall not be used for carrying passengers for compensation or rented or leased during the term of this policy; and in the event of violation of this warranty this policy…

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Contract upon a policy of insurance of the plaintiff’s automobile against loss or damage caused by fire. Writ dated March 12, 1910. The policy was for one year from March 31, 1908, and contained as one of its terms the following: "17. Warranted by the assured hereunder that the automobile hereby insured shall not be used for carrying passengers for compensation or rented or leased during the term of this policy; and in the event of violation of this warranty this policy shall immediately become null and void.” The provision of St. 1907, c. 576, § 21, referred to in the opinion, is as follows:…

1Opinion of the CourtBraley, J.

The plaintiff as the insured, “warranted . . . that the automobile hereby insured” against loss or damage by fire “shall not be used for carrying passengers for compensation or rented or leased during the term of this policy; and in the event *391of violation of this warranty this policy shall immediately become null and void.” Having been inserted in the body of the policy the warranty was not dependent upon the negotiations embodied in the application and final issuance of the contract of insurance, and the St. of 1907, c. 576, § 21, is inapplicable. Barker v. Metropolitan Life Ins. Co. 188…

2Cases cited4 opinions

  1. Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
  2. Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1905
  3. Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
  4. Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807

3Cited by18 opinions

  1. Sleeper v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1933
  2. Charles, Henry & Crowley Co. Inc. v. Home Ins. Co.Massachusetts Supreme Judicial Court · 1965
  3. Barron v. Standard Accident InsuranceTexas Supreme Court · 1932
  4. Beatty v. Employers' Liability Assurance Corp.Supreme Court of Vermont · 1933
  5. Cartos v. Hartford Accident & Indemnity Co.Supreme Court of Virginia · 1933

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