Hewins v. London Assurance Corp.
Massachusetts Supreme Judicial Court
Twelve actions of contract by the same plaintiffs against different fire insurance companies on twelve several policies, eleven of them in the Massachusetts standard form and the twelfth in the Rhode Island standard form, each action for a balance alleged to be due upon a partial loss by fire of the Advertiser Building on Washington Street in Boston. Writs dated September 11, 1901. In the Superior Court the cases were heard by Richardson, J., without a jury.
Read the full summary
Twelve actions of contract by the same plaintiffs against different fire insurance companies on twelve several policies, eleven of them in the Massachusetts standard form and the twelfth in the Rhode Island standard form, each action for a balance alleged to be due upon a partial loss by fire of the Advertiser Building on Washington Street in Boston. Writs dated September 11, 1901. In the Superior Court the cases were heard by Richardson, J., without a jury. He found the facts to be as stated in an agreed statement of facts filed in the case, and on those facts found for the defendant in each…
1Opinion of the CourtHammond, J.
In these twelve cases the question is whether the referees, in determining the amount of damages to which the plaintiffs were entitled, “ had the right to take into consideration the increased cost of repairing the building by reason of the building laws.”
In each case the question calls for the construction of the contract of insurance. It is plain, to begin with, that the contract does not cover all the loss suffered by the insured by reason of the fire, such as interruption of business, loss of profits or even loss of rents. Nor is the insurer bound to repair, although for obvious reasons…
2Cases cited4 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
- Larkin v. Glens Falls InsuranceSupreme Court of Minnesota · 1900
- Monteleone v. Royal InsuranceSupreme Court of Louisiana · 1895
3Cited by39 opinions
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Spears v. Shelter Mutual Insurance Co.Supreme Court of Oklahoma · 2003
- Wells v. Missouri Property Insurance Placement FacilitySupreme Court of Missouri · 1983
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
34 more not listed; retrieve them via the Exa API.