Continental Manufacturing Corp. v. Underwriters at Lloyds London

NOURSE, J. pro tem. *

Defendant appeals from a money judgment against it.

The action is one upon a policy of “Hull insurance” issued by the defendant underwriters upon an airplane owned by the plaintiff. By the terms of the policy, defendant agreed “ [t] o pay for any loss of or damage to the aircraft. ’ ’ The policy provided that the underwriters “shall be subrogated in case of payment of any claim under this Certificate ... to all of the Assured’s rights of recovery therefor against persons, corporations, [etc.]. ...” After the issuance of the policy, and while it was in force, the plaintiff…