Flynn v. Orient Insurance
Supreme Court of New Hampshire
Assumpsit, on a fire insurance policy. Writ dated November 13, 1912. Trial by the court. Facts found, and case transferred from the April term, 1914, of the superior court, by Sawyer, J. July 10, 1910, Woodward & Gerrish, the defendants’ agents, issued a policy insuring the plaintiff’s household furniture against damage by fire for a term of three years.
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Assumpsit, on a fire insurance policy. Writ dated November 13, 1912. Trial by the court. Facts found, and case transferred from the April term, 1914, of the superior court, by Sawyer, J. July 10, 1910, Woodward & Gerrish, the defendants’ agents, issued a policy insuring the plaintiff’s household furniture against damage by fire for a term of three years. The policy stipulated that no action should be maintained thereon unless brought within one year after a loss and provided that in the event of damage by fire the insured should forthwith furnish to the insurers a sworn statement of loss. The…
1Opinion of the CourtYoung, J.
It is the purpose of chapter 170, Public Statutes, to do away with some of the abuses peculiar to the insurance business, and it is the office of section 6 of that chapter to compel the insured to notify insurers of a loss in time to enable them to investigate its cause. As this duty is imposed on the insured for the benefit of insurers, they not only may waive compliance with it, but may estop themselves to set up the insured’s failure to comply with it as a defence to an action on the policy (Levi v. Insurance Co., 75 N. H. 551, 553), and that is what the superior court has found they did…
2Cases cited1 opinion
- Levi v. Palatine InsuranceSupreme Court of New Hampshire · 1910
3Cited by5 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Kelsea v. Phoenix InsuranceSupreme Court of New Hampshire · 1917
- Hebert Manufacturing Co. v. Northern Assurance Co.Supreme Court of New Hampshire · 1967
- Janvrin v. Union Mutual InsuranceSupreme Court of New Hampshire · 1987
- Allstate Insurance v. MillonDistrict Court, D. New Hampshire · 1966