Dolloff v. Phœnix Insurance
Supreme Judicial Court of Maine
On exceptions. These were actions of assumpsit on two policies of fire insurance brought to recover the aggregate sum of $4,000. The plaintiff had one policy of insurance for $2,000 in each of the defendant companies, each policy covering both buildings and personal property. Plea, general issue with a brief statement of forfeiture of the policy through fraud, attempted fraud, and false swearing by the plaintiff in his proof of loss, and examination thereunder.
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On exceptions. These were actions of assumpsit on two policies of fire insurance brought to recover the aggregate sum of $4,000. The plaintiff had one policy of insurance for $2,000 in each of the defendant companies, each policy covering both buildings and personal property. Plea, general issue with a brief statement of forfeiture of the policy through fraud, attempted fraud, and false swearing by the plaintiff in his proof of loss, and examination thereunder. This defense was relied on at the trial, in the superior court for Kennebec county, especially fraud-and false swearing as to the…
1Opinion of the CourtEmery, J.
The plaintiff procured of the defendant insurance company a policy of fire insurance for $2,000 upon his home buildings and contents, each building being separately valued, and the contents also having a separate valuation. The policy of insurance contained the following stipulation : “Any fraud, or attempt at fraud, or false swearing on the part of the assured shall cause a forfeiture of all claims under this policy.” The buildings and contents were consumed by fire, and the plaintiff as required by the policy and also by statute, (R. S., c. 49, § 21,) notified the company of the loss, and…
2Cited by11 opinions
- Mutual of Enumclaw Insurance v. CoxWashington Supreme Court · 1988
- Claxton v. Fidelity & Guaranty Fire Corp.Mississippi Supreme Court · 1937
- Sbisa v. American Equitable Assur. Co.Supreme Court of Louisiana · 1942
- Columbian Ins. v. Modern Laundry, Inc.Court of Appeals for the Eighth Circuit · 1921
- Fowler v. Phœnix InsuranceOregon Supreme Court · 1899
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