Williams v. Liberty Mut. Fire Ins. Co.
| Decision Date | 26 July 1956 |
| Parties | Bernard A. WILLIAMS v. LIBERTY MUTUAL FIRE INS. CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Alexander E. Finger, Boston (Ernest L. Leffler, Boston, and Richard L. Hull, Gloucester, with him), for plaintiff.
Bertram A. Sugerman, Boston, for defendant.
Before QUA, C. J., and RONAN, WILKINS, SPALDING and WILLIAMS, JJ.
This is a bill in equity for a binding declaration of the right of the plaintiff to recover under a policy of fire insurance issued by the defendant for damage to his property resulting from 'windstorm.' It is agreed that there is an actual controversy between the parties, that at the time of the alleged loss the policy was in effect, and that the plaintiff is the person insured thereunder. The policy provides for 'extended' coverage to include 'direct loss by windstorm, hail * * *.' Provisions, stated therein to be applicable only to windstorm and hail, are as follows:
A judge of the Superior Court found the following material facts. The plaintiff owned a large single house of seventeen rooms on the ocean front in that part of Gloucester called Magnolia. Above the top or third floor and under a peaked roof was a so-called loft reached by a ladder from the third floor through a hatchway. In the loft a louver, a device designed for ventilation which consisted of a series of small horizontal boards or slats sloping out the down, permitted air but no rain to enter the loft. The house was open for occupancy the year around, but during the winter months was only visited occasionally by the plaintiff, who lived in Charlestown. During these months the house was heated by oil burning heaters and was periodically inspected by a nonresident caretaker. On December 14, 1953 there were winds, strong to gale with a velocity of thirty to forty miles per hour, and intermittent gusts somewhat stronger. The wind was accompanied by rain from 4:30 A.M. to 6 P.M. and the storm was over at 7 P.M. On that day the temperature varied from 49~ to 32~. Temperatures on the following days were, December 15, 52~ to 32~, December 16, 36~ to 24~, December 17, 24~ to 17~, December 18, 27~ to 10~, December 19, 27~ to 10~, and December 20, 45~ to 27~. The plaintiff visited the house on December 16 and on leaving set the thermostats at 60~. He noticed nothing wrong nor did the caretaker when he visited it on the following day. On December 21 it was discovered that the shutter over the louver in the loft was missing. Water in a one-inch pipe in the loft had frozen, the pipe had burst and the house was damaged by water from the pipe.
The judge found and ruled as follows. ...
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