Walsh v. Fire Ass'n of Philadelphia
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, dated September 6, 1876, by which the defendant insured the plaintiff for the term of three years, “ on his frame dwelling-house, with store,” against loss or damage by fire; and it was agreed in the policy that, “if the assured shall make any attempt to defraud the said association.” the risk should cease, and the policy be null and void.
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Contract on a policy of insurance, dated September 6, 1876, by which the defendant insured the plaintiff for the term of three years, “ on his frame dwelling-house, with store,” against loss or damage by fire; and it was agreed in the policy that, “if the assured shall make any attempt to defraud the said association.” the risk should cease, and the policy be null and void. At the trial in the Superior Court, before Dewey, J., without a jury, the following facts appeared: On August 5, 1876, the plaintiff, who was the owner in fee of the land upon which the building afterwards insured stood,…
1Opinion of the CourtColt, J.
The plaintiff had an insurable interest in the building at the time the policy was issued, which continued until the property was destroyed by fire. Williams v. Roger Williams Ins. Co. 107 Mass. 377. He remained the equitable owner of the whole estate after the conveyances to Campbell and to Dev*385creux, and retained the evidence of such ownership in the written instruments of defeasance, which were delivered to him as part of each transaction. The title of both Campbell and Devereux in equity was that of mortgagees, under mortgages conditioned to secure them from liability as sureties in a…
2Cases cited4 opinions
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
- Fowle v. Springfield Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1877
- Foote v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1876
3Cited by13 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
- North River Insurance v. LewisSupreme Court of Virginia · 1923
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