SWIFT v. AMERICAN UNIVERSAL INS. CO.


349 Mass. 637 (1965)

212 N.E.2d 448

STEPHEN H. SWIFT vs. AMERICAN UNIVERSAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 2, 1965.


Attorney(s) appearing for the Case

Louis K. Nathanson for the defendant.

Lawrence E. Cooke (Alvin S. Hochberg with him) for the plaintiff.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.


KIRK, J.

This is an action of contract based upon an insurance policy covering a yacht owned by the plaintiff. The judge found for the plaintiff "in the sum of $2,600.00 with interest from May 28, 1959," the date of the alleged loss. The Appellate Division dismissed the report.

The policy, which was issued to the plaintiff on December 12, 1958, provided in pertinent part, "This insurance ... is ... with respect to ... Perils ... of the seas ..., fire, lightning...

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