Joyce v. Maine Insurance
Supreme Judicial Court of Maine
This was an action upon a policy of insurance, dated Sept. 17, 1855, upon the house of the plaintiff. The house was destroyed by fire, February 19, 1856, and notice thereof was given to the company. The plaintiff occupied the house himself at the time when the policy was obtained; but he subsequently moved out of it, and it was unoccupied at the time pf the fire.
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This was an action upon a policy of insurance, dated Sept. 17, 1855, upon the house of the plaintiff. The house was destroyed by fire, February 19, 1856, and notice thereof was given to the company. The plaintiff occupied the house himself at the time when the policy was obtained; but he subsequently moved out of it, and it was unoccupied at the time pf the fire. The defendants, at the trial before* Appleton, J., introduced an expert in insurance business, and proposed to ask him, whether, in his opinion, the rate of premium for insurance would be increased by vacating a dwellinghouse ? The…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
In the defence of this action, which is on a policy of insurance against a loss by fire, the opinions of certain persons, who were shown to have had experience in the business of insurance, as to the comparative risk of a dwellinghouse, which had been vacated after the occupation thereof, and when the occupation had continued; — and, whether the premiums of insurance would or would not be increased in consequence of the owner vacating the house, were offered, and, on the plaintiff’s objection, excluded.
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2Cited by14 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Insurance Company of North America, a Pennsylvania Corporation v. Nina HowardCourt of Appeals for the Ninth Circuit · 1982
- Reid v. Hardware Mutual Insurance Insurance Co. of the Carolinas, Inc.Supreme Court of South Carolina · 1969
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
- Strong v. City of Stevens PointWisconsin Supreme Court · 1885
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