Findlay v. Union Mutual Fire Insurance
Supreme Court of Vermont
Special assumpsit on a fire insurance policy. Plea, the general issue, with notice of special matter in defence. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict ordered for the defendant. Judgment thereon. The plaintiff excepted. The provision of the policy relative to foreclosure proceedings is void as against public policy. If upheld, it will enable insurance companies to avoid their policies on slight pretexts.
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Special assumpsit on a fire insurance policy. Plea, the general issue, with notice of special matter in defence. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict ordered for the defendant. Judgment thereon. The plaintiff excepted. The provision of the policy relative to foreclosure proceedings is void as against public policy. If upheld, it will enable insurance companies to avoid their policies on slight pretexts. In this case the company had assented to the mortgage and promised to pay the mortgagee in case of loss, to the extent of his interest. The…
1Opinion of the CourtMunson, J.
The suit is upon a policy of insurance, which covered property on which there was a mortgage. The contract provided that an alienation of the property without - the consent of the company should avoid the policy, and that the commencement of foreclosure proceedings should be deemed an alienation. A petition to foreclose the mortgage, dated May 10, 1899, and made returnable to the September term of that year, was served upon the plaintiff May 12, 1899. The property burned August 17, 1899, without notice of the foreclosure having been given to the company.
The plaintiff contends that the…
2Cases cited2 opinions
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- McIntire v. Norwich Fire InsuranceMassachusetts Supreme Judicial Court · 1869
3Cited by8 opinions
- MacK v. Liverpool & London & Globe InsuranceIllinois Supreme Court · 1928
- State ex rel. American Fire Insurance v. EllisonSupreme Court of Missouri · 1916
- Peterson v. Hudson InsuranceArizona Supreme Court · 1932
- J. I. Kelly Co. v. Saint Paul Fire & Marine InsuranceSupreme Court of Florida · 1908
- Vinton v. Atlas Assurance Co., Ltd.Supreme Court of Vermont · 1935
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