Norwich Union Fire Ins. Soc. v. Standard Oil Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the district of Kansas. This was an action by the Norwich Union Fire Insurance So: ciety, of Norwich, England, against the Standard Oil Company and the Goodlander Mill Company, to recover the amount of certain insurance paid by the plaintiff to the defendant mill company, upon the ground that the property was burned through the culpable negligence of the defendant oil company.
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In Error to the Circuit Court of the United States for the district of Kansas. This was an action by the Norwich Union Fire Insurance So: ciety, of Norwich, England, against the Standard Oil Company and the Goodlander Mill Company, to recover the amount of certain insurance paid by the plaintiff to the defendant mill company, upon the ground that the property was burned through the culpable negligence of the defendant oil company. A demurrer to the complaint was sustained, the court (June 6, 1892) rendering the following opinion: RINER, District Judge. “This case is before the court on…
1Opinion of the CourtCaldwell, Circuit Judge
The circuit court sustained the demurrer to the complaint on the ground that the plaintiff could not maintain the action in its own name, and the correctness of this ruling is the only question we tind it necessary to consider.
When an insurance company pays to the assured the amount of a loss of the property insured, it is subrogated, in a corresponding amount, to the assured’s right of action against any other person responsible for the loss. This right of the insurer against such other person is derived from the assured alone, and can be enforced in his right only. At common law it must be…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- Connecticut Mutual Life Insurance v. New York & New Haven RailroadSupreme Court of Connecticut · 1856
- Rockingham Mutual Fire Ins. v. BosherSupreme Judicial Court of Maine · 1855
- Marine Ins. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
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3Cited by37 opinions
- Aetna Life Insurance v. MosesSupreme Court of the United States · 1933
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- Travelers' Ins. Co. v. Great Lakes Engineering Works Co.Court of Appeals for the Sixth Circuit · 1911
- Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
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