Leadbetter v. Etna Ins.
Supreme Judicial Court of Maine
The action was on a policy of insurance whereby the plaintiff caused $2000,00 to be insured on his house, furniture, barn, shed and hay, for the term of one year from the 12th of December, 1S32, and the plaintiff averred a total loss of the property insured within the year by fire. Certain conditions were annexed to the policy in reference to which it was made.
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The action was on a policy of insurance whereby the plaintiff caused $2000,00 to be insured on his house, furniture, barn, shed and hay, for the term of one year from the 12th of December, 1S32, and the plaintiff averred a total loss of the property insured within the year by fire. Certain conditions were annexed to the policy in reference to which it was made. By one of these conditions the assured was to furnish a certificate under oath, that the property was not insured elsewhere. This the plaintiff had not done. The tenth condition follows. “ AH persons insured by this company, and…
1Opinion of the Court
After a continuance, nisi, the opinion of the Court was drawn up by
Weston C. J.
We are clearly of opinion, that the plaintiff at the]| b’ial failed to exhibit the preliminary proof, made a condition precedent to his right to recover. It was a condition fairly and rightfully imposed, fully accepted, and made a part of the policy. It -was of a character not to bo misunderstood ; and was interposed to protect the defendants against fraud. As insurance companies, who enter into extensive contracts of this kind, arejiable to great impositions, they are justified in taking every precaution, which…
2Cases cited1 opinion
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
3Cited by4 opinions
- Lane v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1892
- Protection Insurance v. PhersonIndiana Supreme Court · 1854
- Aetna Ins. Co. v. People's Bank of GreenvilleCourt of Appeals for the Fourth Circuit · 1894
- Thornton v. Germania Fire InsuranceCourt of Appeals of Georgia · 1921