Newmarket Savings Bank v. Royal Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance for $2,000, dated October 1, 1887, upon a dwelling-house and barn, in the form prescribed by the Pub. Sts. c. 119, § 139, (St. 1887, c. 214, § 60,) against loss by fire for five years. At the trial in the Superior Court, before Mason, J., the following facts were admitted.
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Contract upon a policy of insurance for $2,000, dated October 1, 1887, upon a dwelling-house and barn, in the form prescribed by the Pub. Sts. c. 119, § 139, (St. 1887, c. 214, § 60,) against loss by fire for five years. At the trial in the Superior Court, before Mason, J., the following facts were admitted. For a long time before the date of the policy, and from that time until April 27, 1888, inclusive, when the buildings were wholly destroyed by accidental fire, these buildings had been vacant and unoccupied, and the agent of the defendant, by whom the policy was issued to the plaintiff,…
1Opinion of the CourtKnowlton, J.
The only question reserved for our consideration in this case is whether the policy became void because the *376insured premises were left vacant from the time the policy was issued until the buildings were destroyed by fire, nearly seven months afterwards.
In the body of the policy, after the description of the buildings, the words “ occupied for dwelling purposes only ” were stamped in print. Among the printed conditions of the policy was this clause: “ This policy shall be void ... if the premises hereby insured shall become vacant by the removal of the owner or occupant, and so remain vacant…
2Cases cited5 opinions
- Aurora Fire & Marine Insurance v. KranichMichigan Supreme Court · 1877
- Bennett v. . Agr'l Ins. Co. of WatertownNew York Court of Appeals · 1887
- Haight v. . Continental Ins. Co.New York Court of Appeals · 1883
- Williams v. Niagara Fire Ins.Supreme Court of Iowa · 1879
- Bennett v. North British & Mercantile InsuranceNew York Court of Appeals · 1880
3Cited by8 opinions
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Stone v. Howard InsuranceMassachusetts Supreme Judicial Court · 1891
- McKinney v. Providence Washington Insurance Co.West Virginia Supreme Court · 1959
- Pabst Brewing Co. v. Union InsuranceMissouri Court of Appeals · 1895
- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
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