Greenough v. Phoenix Insurance
Massachusetts Supreme Judicial Court
Five actions oe contract upon six policies of insurance in the Massachusetts standard form insuring the plaintiff’s pickle factory, supplies and stock of pickles in Deerfield. Writs dated April 20, 1907. The cases were tried together before King, J., who at the close of the evidence made the following ruling: “ There is no evidence that the provision of the policy requiring a statement of loss to be forthwith rendered was complied with.
Read the full summary
Five actions oe contract upon six policies of insurance in the Massachusetts standard form insuring the plaintiff’s pickle factory, supplies and stock of pickles in Deerfield. Writs dated April 20, 1907. The cases were tried together before King, J., who at the close of the evidence made the following ruling: “ There is no evidence that the provision of the policy requiring a statement of loss to be forthwith rendered was complied with. That was a condition precedent to any obligation on the defendant, and I therefore direct a verdict for the defendant in each case.” Verdicts accordingly were…
1Opinion of the CourtRugg, J.
These are actions upon contracts of insurance in the Massachusetts standard form. The first defense put forward is that no statement in writing was furnished by the insured “ forthwith ” as required by this clause of the policy: “ In case of any loss or damage under this policy, 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, in detail, the purposes for which and the persons by *249whom the building insured, or containing the…
2Cases cited20 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
- Connecticut Mutual Life Insurance v. SchwenkSupreme Court of the United States · 1877
15 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Moulton v. Brookline Rent Control BoardMassachusetts Supreme Judicial Court · 1982
- Griffin v. GriffinMassachusetts Supreme Judicial Court · 1915
- Segal v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1958
- Commissioner of Banks v. Chase Securities Corp.Massachusetts Supreme Judicial Court · 1937
- Dowling v. Board of AssessorsMassachusetts Supreme Judicial Court · 1929
26 more not listed; retrieve them via the Exa API.