Rosen v. German Alliance Insurance
Supreme Judicial Court of Maine
On exceptions by plaintiffs. Assumpsit upon a policy of fire insurance issued to the plaintiffs by the defendant company. Plea, the general issue, with brief statement as follows: "That the insurance policy described and declared upon in plaintiff’s writ was cancelled and surrendered by mutual agreement long before the fire mentioned in said writ and causing the loss complained of occurred.”
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On exceptions by plaintiffs. Assumpsit upon a policy of fire insurance issued to the plaintiffs by the defendant company. Plea, the general issue, with brief statement as follows: "That the insurance policy described and declared upon in plaintiff’s writ was cancelled and surrendered by mutual agreement long before the fire mentioned in said writ and causing the loss complained of occurred.” At the conclusion of the evidence, the presiding Justice ordered a verdict for the defendant and the plaintiffs excepted. It was also agreed that if the order was erroneous, judgment should be entered for…
1Opinion of the CourtCornish, J.
This is an action of assumpsit upon a policy of insurance issued by the defendant company through its agent Charles M. Stewart, May 28, 1908. The policy was never delivered to the plaintiffs, neither was any premium paid, but it is not claimed by the defendant that these facts affected the validity of the contract. The defense is cancellation by agreement, and the facts on which the defendant relies to prove such cancellation are these. On the afternoon of June 11, or the morning of June 12, 1908, the agent received notice from the home office of the company in New York to cancel this policy…
2Cited by9 opinions
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- Ford v. OttSupreme Court of Iowa · 1919
- Hollywood Lumber & Coal Co. v. Dubuque Fire & Marine Ins.West Virginia Supreme Court · 1917
- McDonald v. North River InsuranceIdaho Supreme Court · 1923
- Shelt v. BakerIndiana Court of Appeals · 1922
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