Legal Opinion

Braney v. Phoenix of London Group

Massachusetts District Court, Appellate Division

Decided July 1, 1962No. 7546PublishedCited by 1 opinion

1Opinion of the CourtCox, J.

In this action of contract the plaintiff seeks to recover the value of a trailer destroyed by the hurricane on August 21, 1954. There was a finding for the defendant on the grounds that the plaintiff failed to file proof of loss seasonably and that the trailer was not insured against the loss. Those two questions are reported for our determination.

We agree with the trial judge that the policy did not insure the trailer against the loss caused by the hurricane.

The policy is entitled “Automobile Physical Damage Policy”. For an additional premium there was “Combined Additional Coverage” which…

2Cases cited3 opinions

  1. Woogmaster v. Liverpool & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1942
  2. Sherman v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1937
  3. Smith Beverages, Inc. v. Metropolitan Casualty InsuranceMassachusetts Supreme Judicial Court · 1958

3Cited by1 opinion

  1. Pilotte v. Aetna Casualty & Surety Co.Massachusetts District Court, Appellate Division · 1981

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