Boston & Maine Railroad v. Hartford Fire Insurance

This is an action of contract on a Massachusetts statutory standard form of policy of insurance issued by the defendant to one Taylor and by him assigned to the plaintiff. The property of Taylor, while covered by the insurance, was destroyed by fire communicated, as he contended, by a locomotive engine of the plaintiff, whereby he suffered damages in excess of the amount of the policy. Upon tender of proof of loss the defendant offered to pay to Taylor the full amount of the policy provided he as “the insured,” would in accordance with a clause of the insurance policy, G. L. c. 175, § 99…