Clark v. Hamilton Mutual Insurance
Massachusetts Supreme Judicial Court
Action op contract on a policy of insurance issued by a mutual insurance company on the 1st of July 1852 to the plaintiffs upon “ carpenter’s shop, carpenter’s tools,” hardware, fixtures and lumber, in “ Brattle Place,” West Cambridge, “ subject to the provisions, conditions and limitations of the charter and bylaws of said company, and the lien on the interest of the person insured in any personal property or builings covered by this policy, and the land under said…
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Action op contract on a policy of insurance issued by a mutual insurance company on the 1st of July 1852 to the plaintiffs upon “ carpenter’s shop, carpenter’s tools,” hardware, fixtures and lumber, in “ Brattle Place,” West Cambridge, “ subject to the provisions, conditions and limitations of the charter and bylaws of said company, and the lien on the interest of the person insured in any personal property or builings covered by this policy, and the land under said buildings,” which the company expressed their intention to rely upon. The by-laws of the company, which were printed upon the…
1Opinion of the CourtThomas, J.
This is an action upon a policy of insurance. There were two grounds of defence. The first was a change in the circumstances of the insured property, materially increasing the risk, and not communicated to the defendants. This alleged change of circumstances consisted in attempts on three distinct occasions to set fire to the shop insured. The court rejected the evidence, with the idea probably that the object of the policy of insurance was protection against loss by fire — fires kindled by incendiaries included.
The second ground of defence was a subsequent insurance on the same property,…
2Cited by2 opinions
- Hurst Home Insurance v. DeatleyCourt of Appeals of Kentucky · 1917
- Norwich Union Fire Insurance Society v. Cheaney Bros.Court of Appeals of Texas · 1910