Warner v. Middlesex Mutual Assurance Co.
Supreme Court of Connecticut
This was an action on a policy of insurance on sundry buildings in the town of Berlin. The declaration set out the policy, which was dated September 3rd, 1845, and the defendants’ charter, The 13th section of the latter was in the following words: “Sec. 13. No insurance effected on any property shall be good and valid to the insured, unless he has a good and perfect unincumbered title thereto, at the time of effecting such insurance, or unless the true title of the insured…
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This was an action on a policy of insurance on sundry buildings in the town of Berlin. The declaration set out the policy, which was dated September 3rd, 1845, and the defendants’ charter, The 13th section of the latter was in the following words: “Sec. 13. No insurance effected on any property shall be good and valid to the insured, unless he has a good and perfect unincumbered title thereto, at the time of effecting such insurance, or unless the true title of the insured to the same, and the incumbrances, if any, be fully disclosed and expressed in the proposals for insurance, and be also…
1Opinion of the CourtHinman, J.
Several questions are raised upon this motion, which we think it unnecessary to decide, as there is an objection to the plaintiff’s recovery, which must, we think, be fatal to bis case, in any aspect in which it can be presented to a court of law.
The 13th section of the defendant’s charter provides, that no insurance effected on any property, shall be good and valid to the insured, unless he has a good and perfect unincumbered title thereto, at the time of effecting such insurance; or unless the true title of the insured to the same, and the incumbrances, if any, be fully disclosed and…
2Cited by5 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- Insurance Co. v. HavenSupreme Court of the United States · 1877
- Town of Clinton v. Town of WestbrookSupreme Court of Connecticut · 1871