Brown v. Merchants' Marine Ins.
Court of Appeals for the Ninth Circuit
.Appeal from the District Court of the Unitec! States for the Western District of Washington. The appellant is the assignee of certain insurance companies which had insured the City of Kingston, an American vessel, against all risks, under separate policies, in eacli of which the vessel was valued at $75,000. The appel-lees issued to the owners of the City of Kingston two policies aggregating $12,200 on disbursement ana/pr increase value insured against total loss only,…
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.Appeal from the District Court of the Unitec! States for the Western District of Washington. The appellant is the assignee of certain insurance companies which had insured the City of Kingston, an American vessel, against all risks, under separate policies, in eacli of which the vessel was valued at $75,000. The appel-lees issued to the owners of the City of Kingston two policies aggregating $12,200 on disbursement ana/pr increase value insured against total loss only, warranted free from all average and salvage charges, and containing the policy proof of interest clause. In addition to…
1Opinion of the CourtGilbert, Circuit Judge
The appellant contends that his assignors, having insured the City of Kingston in the sum of $75,000 in policies which established her value at that sum, and having paid the full amount thereof on her loss, became entitled to be subrogated to that amount as to all damages awarded the owner of the City of Kingston, and that the appellees, who had issued wager policies, were not entitled to share in that fund.
It is true that the policies which were issued by the appellant are in form what are known as “wager policies.” Each contains the provision that the policy shall be “proof of interest,”…
2Cases cited8 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Fitch v. NewberryMichigan Supreme Court · 1843
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Travelers Insurance Co. v. GrayeMassachusetts Supreme Judicial Court · 1970
- Standard Marine Insurance v. Scottish Metropolitan Assurance Co.Supreme Court of the United States · 1931
- Union Indemnity Insurance v. Certain Underwriters at Lloyd'sDistrict Court, S.D. Texas · 1985
- Federal Ins. Co. v. Detroit Fire & Marine Ins.Court of Appeals for the Sixth Circuit · 1913
- Republic of China v. National Union Fire Insurance Co. of PittsburghDistrict Court, D. Maryland · 1958
2 more not listed; retrieve them via the Exa API.