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When a fire on March 5,damaged premises belonging to Marguerita and Caroline Chisholm at Morton Street, in the Mattapan section of Boston, their fire insurance policy had expired because they had failed to renew it.
The date of expiration was January 23, In proceedings in the Superior Court, Commonwealth Mortgage Company Commonwealthas mortgagee of the property, sought to recover damages against Massachusetts Property Insurance Underwriting Association MPIUA by reason of its lumbermens underwriting association to have notified Commonwealth that the insurance policy on Morton Street had been allowed to lapse.
From that judgment Commonwealth has appealed. On November 24,sixty days before the expiration date of the policy issued by MPIUA on Morton Street, it sent to the Chisholms an application for renewal of the policy.
The Chisholms were escrowing monthly premium payments for property insurance [Note 4] with Commonwealth. After the fire on March 5,the Chisholms submitted a renewal application for insurance with premium payment to MPIUA at its office.
A policy issued effective March 12,but that, of course, did the Chisholms and Commonwealth no good so far as the fire loss on March 5 was concerned. That claim is not based on a statute; [Note 6] rather, it is based on language in the policy: Yet the insurer can only give the required ten-day notice if it is the active party because only then can it know the date when "cancellation or nonrenewal takes effect.
As we read no ambiguity in the policy, there is no occasion to invoke, as Commonwealth would have us do, the doctrine that ambiguities in an insurance policy are to be resolved against the author of the policy. Medical Malpractice Joint Underwriting Assn. A mortgagee is perfectly capable of monitoring whether a mortgagor has routinely renewed a casualty insurance policy.
Indeed, in the instant case, Commonwealth received monthly escrow payments from the Chisholms on account of the renewal premium and not only could have, but should have seen to the timely application of those funds.
It is only when expiration of coverage is unexpected because the insurer has decided to cancel or not to renew, that Page a mortgagee needs forewarning through notice. Hence the "by us" language in the policy.
Cases from other jurisdictions cited to us by Commonwealth involved different statutory and policy language. The motion judge certified under Mass. The Chisolms entered an appeal from that judgment.
We ultimately dismissed the appeal for persistent failure to perfect the appeal by filing a brief and record appendix. The text differs somewhat from the text set out in interrogatories, which MPIUA acknowledged as correct, and identical text set out in Commonwealth's brief.
The differences are not material for purposes of this opinion and are probably the consequence of error in transcription by counsel.Lumbermens Mutual Casualty Company Utica Mutual Insurance Company Grange Insurance Association Providence Washington Insurance Company Lumbermens Underwriting Alliance Nipponkoa Insurance Company, Limited Mitsui Sumitomo Insurance USA Inc.
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IBHS is funded by the property/casualty insurers listed below. Access Home Insurance Company; Pennsylvania Lumbermens Mutual Insurance Company; PMA Insurance Group.
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We are pleased to announce that Indiana Lumbermens Mutual Insurance Company has. Michigan Lumber & Building Materials Association: 5% of earned premium.
This is the eighth consecutive year that at least one Safety Group has earned a dividend. To the policyholders in these endorsed associations, we say Underwriting Services Manager.
LINDEN BARBER, American Lawyer, Partner of SPANGLER, JENNINGS & DOUGHERTY,, specializing in the field of General Practice. Trials and Appeals. Indiana Basic Property Insurance Underwriting Association.
Indiana Insurance Guaranty Association. Indiana Lumbermens Mutual Insurance Company. INA; International Surplus Adjusting Services.