Corrigan v. Connecticut Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance against fire, issued by the defendant upon the plaintiff’s house in Hyde Park. The policy contained a provision that if the premises insured “ shall remain vacant or unoccupied for the space of ten days, without written notice to, and consent of the company, the policy shall be void.”
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Contract on a policy of insurance against fire, issued by the defendant upon the plaintiff’s house in Hyde Park. The policy contained a provision that if the premises insured “ shall remain vacant or unoccupied for the space of ten days, without written notice to, and consent of the company, the policy shall be void.” Trial in the Superior Court before Dewey, J., who allowed a bill of exceptions, in substance as follows : The house was occupied by Andrew Rooney, as tenant at will, and on April 13, 1875, the plaintiff gave a notice in writing to the tenant notifying him to quit the premises…
1Opinion of the CourtLord, J.
Without considering whether, if the presiding judge had given no other instruction upon the subject than his reply to the question propounded by the jury, it would have been sufficient, we need only to say that the answer of the presiding judge does not of itself show any error in law which should disturb the verdict. It is quite clear that all the facts embraced within *300the inquiry may exist, and the house still be vacant and unoccupied within the meaning of the contract between the parties. Keith v. Quincy Ins. Co. 10 Allen, 228. Ashworth v. Builders’ Ins. Co. 112 Mass. 422. The phrase, “ if…
2Cases cited1 opinion
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
3Cited by14 opinions
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Connecticut Fire Ins. v. BuchananCourt of Appeals for the Eighth Circuit · 1905
- Shackelton v. Sun Fire OfficeMichigan Supreme Court · 1884
- Limburg v. German Fire InsuranceSupreme Court of Iowa · 1894
- Sexton v. Hawkeye Ins.Supreme Court of Iowa · 1886
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