Parker v. Middlesex Mutual Assurance Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT by the same plaintiff against two different insurance companies, each to recover on a policy of fire insurance in the Massachusetts standard form for the loss by fire of a dwelling house and contents and barns in the town of Sandisfield.
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Two ACTIONS OF CONTRACT by the same plaintiff against two different insurance companies, each to recover on a policy of fire insurance in the Massachusetts standard form for the loss by fire of a dwelling house and contents and barns in the town of Sandisfield. Writs dated-April 8, 1899. At the trial in the Superior Court, before Dewey, J., the judge refused to order verdicts for the defendants, but, after having read to the jury a portion of the opinion in Hamden v. Milwaukee Mechanics' Ins. Oo. 164 Mass. 882, ruled that there was no evidence to warrant a finding that either of the…
1Opinion of the CourtKnowlton, J.
The principal question in these cases is whether there was any evidence on which to rest a finding that the plaintiff complied with the requirement in each of the policies that in case of loss “a statement in writing, signed and sworn to by the insured, shall be forthwith rendered to the company, setting forth the value of the property insured, the interest of the insured therein, all other insurance thereon,” etc. That such a requirement is valid, and that compliance with it is a condition precedent to a right to recover, is unquestioned.
The fire occurred on October 3, 1898. No such…
2Cases cited14 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Insurance Co. of North America v. BrimIndiana Supreme Court · 1887
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Carpenter v. German American InsuranceNew York Court of Appeals · 1892
- Railway Passenger Assurance Co. v. BurwellIndiana Supreme Court · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Unverzagt v. PresteraSupreme Court of Pennsylvania · 1940
- Segal v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1958
- Depot Cafe Inc. v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1947
- National Machine & Tool Co. v. Standard Shoe Machinery Co.Massachusetts Supreme Judicial Court · 1902
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
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