Moore v. Phœnix Insurance
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance issued August 15,1876, for the term of three years, insuring the plaintiff’s house, shed, and) barn, situated in,Hart’s Location, in the sum of $800, and $50 on the hay and produce in the barn.
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Assumpsit, on a policy of insurance issued August 15,1876, for the term of three years, insuring the plaintiff’s house, shed, and) barn, situated in,Hart’s Location, in the sum of $800, and $50 on the hay and produce in the barn. The premises were destroyed by fire December 18 or 19, 1876. The policy, among other conditions, contained the following: “ If the above mentioned premises shall become vacant and unoccupied for a period of more than ten days . . . without the assent of this company indorsed hereon, . . . then and in every such case this policy shall be void.” In the written portion…
1Opinion of the CourtSmith, J.
The defendants are liable only in accordance with the terms and stipulations expressed in their contract as the conditions of their liability. The contract is in writing, and is contained in the policy of insurance. In consideration of #8.50 paid by the plaintiff, the defendants covenanted to insure his property against loss or damage by fire for the term of three years commencing August 15, 1876. The policy contained this condition: “ If the above mentioned premises shall be occupied or used so as to increase the risk, or become vacant and unoccupied for a period of more than ten days, or…
2Cases cited23 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
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3Cited by1 opinion
- Dudley v. Continental InsuranceSupreme Court of New Hampshire · 1925