Allen v. Massasoit Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance against loss by fire on the plaintiff’s dwelling-house, for five years from October 15, 1861. Answer, that, before any loss occurred, the policy was made void by the erection by the plaintiff, upon his adjoining lot of land, of a factory, containing a steam-engine and boiler, for manufacturing furniture.
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Contract on a policy of insurance against loss by fire on the plaintiff’s dwelling-house, for five years from October 15, 1861. Answer, that, before any loss occurred, the policy was made void by the erection by the plaintiff, upon his adjoining lot of land, of a factory, containing a steam-engine and boiler, for manufacturing furniture. At the trial in the superior court, before Putnam, J., there was proof of the issue of the policy at its date, containing two clauses which are quoted in the opinion of this court; that the-plaintiff in 1862 or 1863 built the furniture factory as alleged in…
1Opinion of the CourtHoar, J.
The jury having found that the situation and circumstances affecting the risk on the property insured were so attend by the agency of the assured as to increase.the risk thereupon, the only question upon the exceptions taken is, whether the policy was thereby avoided. The change in circumstances was by the erection of a building on adjoining premises. There are two clauses in the policy which refer to such a state of facts. The first declares that “ if the situation or circumstances affecting the risk thereupon shall be so altered or changed by or with the advice, agency or consent of the…
2Cited by5 opinions
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- Luce v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1870
- Powers v. Guardian Fire & Life InsuranceMassachusetts Supreme Judicial Court · 1883
- Merchants' Ins. v. DwyerTexas Commission of Appeals · 1880
- Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874