Kimball v. Ætna Insurance
Massachusetts Supreme Judicial Court
Two actions of contract on policies of insurance issued by the defendants respectively upon a dwelling-house of the plaintiff in Bradford, dated January 17th 1862, and payable in case of loss to Jacob Kimball, mortgagee.
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Two actions of contract on policies of insurance issued by the defendants respectively upon a dwelling-house of the plaintiff in Bradford, dated January 17th 1862, and payable in case of loss to Jacob Kimball, mortgagee. The policy of the .¿Etna Company contained the following provisions: “ It being covenanted as a condition of this contract that the company are not to be liable .... for loss or damage, if the assured in the written or verbal application for insurance makes any erroneous representation materially increasing the risk.” “ Any change within the control of the assured, material…
1Opinion of the CourtGray, J.
The ruling of the judge who presided at the trial was in accordance with the opinion which had been repeatedly expressed by this court in previous cases. Higginson v. Dall, 13 Mass. 99, 100. Whitney v. Haven, 13 Mass. 172. Rice v. New England Ins. Co. 4 Pick. 442, 443. Bryant v. Ocean Ins. Co. 22 Pick. 200. That opinion has been ingeniously and elaborately criticized and controverted by learned writers to whose commentaries the defendants have referred; but a careful reexamination has satisfied us that it is founded upon elementary principles of the law of insurance, and supported by the…
2Cases cited6 opinions
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Fitch v. NewberryMichigan Supreme Court · 1843
- People ex rel. Platt v. President of the Oakland County BankMichigan Supreme Court · 1844
- Whitney v. HavenMassachusetts Supreme Judicial Court · 1816
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1801
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