Stuart v. Reliance Insurance
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT upon policies of insurance against fire in the form prescribed by St. 1894, c. 522, § 60, upon a dwelling house and building materials of the plaintiff. Writs dated September 1, 1900. The answer in each case alleged, that in violation of the provisions of the policy the insured property had been sold without the assent in writing of the company, whereby the policy became void.
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Two ACTIONS OF CONTRACT upon policies of insurance against fire in the form prescribed by St. 1894, c. 522, § 60, upon a dwelling house and building materials of the plaintiff. Writs dated September 1, 1900. The answer in each case alleged, that in violation of the provisions of the policy the insured property had been sold without the assent in writing of the company, whereby the policy became void. The cases were heard in the Superior Court, by Craskill, J., who reported them for the consideration of this court. The action of the judge, the terms of the reservation and all material facts…
1Opinion of the CourtMorton, J.
These are two actions upon policies of insurance issued to the plaintiff by the respective defendants upon a dwelling house and building materials belonging to her and situate in Marblehead. The two actions were tried and argued together.' The policies are in the Massachusetts standard form, and each provides amongst other things that it shall be void if the property insured shall be sold without the assent in writing of the company. At the trial the facts were agreed, and the defendants requested the court to direct verdicts for them. The judge refused to do so, and thereupon the defendants,…
2Cases cited2 opinions
- Clinton v. Norfolk Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1900
- Hill v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1899
3Cited by5 opinions
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- Batsford v. Farm Family Mutual InsuranceMassachusetts Superior Court · 1996