Way v. Abington Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $1,500, against all loss or damage by fire, on the plaintiff’s property in Boston, for one year from August 5, 1891. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows.
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Contract, upon a policy of insurance for $1,500, against all loss or damage by fire, on the plaintiff’s property in Boston, for one year from August 5, 1891. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. The plaintiff put in evidence the policy declared upon, which was in the Massachusetts standard form, and the proofs of loss made by him to the defendant, which stated that the fire “ originated from burning soot, puffing out and filling the rooms where property insured was located with smoke.” The plaintiff also put in evidence…
1Opinion of the CourtKnowlton, J.
It is conceded by the defendant that it is liable for damage caused by smoke to the same extent as if the damage had been caused directly by the fire which produced the smoke. The question before us is whether the fire in the chimney was within the contract of insurance made by the defendant. The policy purports to cover all loss or damage by fire, but the defendant contends that in all such contracts there is an implied exception of such fires as this from which the plaintiff suffered loss.
The facts are not in dispute, and if the defendant’s witness had been permitted to testify as an…
2Cases cited1 opinion
- American Towing Co. v. German Fire InsuranceCourt of Appeals of Maryland · 1891
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- O'Connor v. Queen Insurance Co. of AmericaWisconsin Supreme Court · 1909
- Lavitt v. Hartford County Mutual Fire InsuranceSupreme Court of Connecticut · 1927
- Pappadakis v. Netherlands Fire & Life InsuranceWashington Supreme Court · 1926
- Cabbell v. Milwaukee Mechanics InsuranceMissouri Court of Appeals · 1924
- Hartford Fire Ins. Co. v. ArmstrongSupreme Court of Alabama · 1929
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