Wilson v. Union Mutual Fire Ins.
Supreme Court of Vermont
General Assumpsit on a fire insurance policy. Plea, the general issue with notice of special matter. Trial by jury at the September Term, 1902, Orleans County, Haselton, J., presiding. Defendant’s motion for a verdict overruled. Verdict and judgment for the plaintiff. The defendant excepted. The use of the engine within sixty-eight feet of the buildings insured vitiates the policy, and a verdict for the defendant should have been ordered.
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General Assumpsit on a fire insurance policy. Plea, the general issue with notice of special matter. Trial by jury at the September Term, 1902, Orleans County, Haselton, J., presiding. Defendant’s motion for a verdict overruled. Verdict and judgment for the plaintiff. The defendant excepted. The use of the engine within sixty-eight feet of the buildings insured vitiates the policy, and a verdict for the defendant should have been ordered. It. increased the risk, and the provision of the policy was a reasonable one. Finley v. Insurance Co., 74 Vt. 211; Bster-brooks v. Company, 52 Atl. 1048;…
1Opinion of the CourtTyler, J.
This action is brought upon an insurance policy toi recover for the loss of the plaintiff’s farm buildings and the personal property therein, that were insured by defendant company, which property was afterwards destroyed by fire. Plea, the general issue and notice of special matters in defense. The notice alleges that the policy contained the condition, among others, that using “a steam farm engine” within one hundred feet of any building insured should render the policy void, unless the consent of the company, in writing, duly certified by the Secretary, was given; that prior to the fire…
2Cases cited9 opinions
- Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- Mascott v. First National Fire InsuranceSupreme Court of Vermont · 1896
- Allen v. ThompsonSupreme Court of Vermont · 1873
- Holdridge v. Holdridge's EstateSupreme Court of Vermont · 1881
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3Cited by3 opinions
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Swift v. Patrons' Androscoggin Mutual Fire InsuranceSupreme Judicial Court of Maine · 1926
- Wilson v. Union Mutual Fire Ins.Supreme Court of Vermont · 1904