Legal Opinion

Storer v. Elliot Fire Insurance

Supreme Judicial Court of Maine

Decided July 1, 1858PublishedCited by 1 opinion

This is an action upon a policy of insurance on “ a stock of merchandize contained in the chambers of a four story brick and slated building” on Middle street, in the city of Portland. The policy was dated, April 30, 1856, and contained these stipulations, among others, — “ Other insurance permitted without notice, until requested.”

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This is an action upon a policy of insurance on “ a stock of merchandize contained in the chambers of a four story brick and slated building” on Middle street, in the city of Portland. The policy was dated, April 30, 1856, and contained these stipulations, among others, — “ Other insurance permitted without notice, until requested.” “ And it is further agreed, that in case there should be any other insurance, made as aforesaid, on the property hereby assured, whether prior or subsequent, the assured shall be entitled to recover, on this policy, no greater proportion of the loss sustained than…

1Opinion of the Court

The opinion of the Court was drawn up by

Goodenow, J.

This is an action on an-insurance policy, dated April 30, 1856. The writ bears date Dec. 17, 1856. *179It was admitted that the fire took place June 24, 1856, and that the plaintiff sustained a loss thereby, to the amount of $4488,67, which sum, with interest thereon from July 26, 1856, the plaintiff is entitled to recover of defendants, if he is entitled to recover his whole loss from them, without contribution from other insurance companies.

The defendants offered, subject to objection, a policy of Howard Fire Insurance Company, dated Sept. 25,…

2Cited by1 opinion

  1. McMillan v. American General Ins. Co.Court of Appeals of Texas · 1935

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