Vigoreaux v. Lime Rock Ins.
Supreme Judicial Court of Maine
On Report. Assumpsit on a marine policy effected April 9, 1866, “ for one year from March 14, 1866, at noon.” Alleged injury occurred March 15th, 16th, 17th, 18th, and 19th, 1866. The facts are sufficiently stated in the opinion. contended that the representation was equivalent to a statement, that the vessel was safe 'in the port cf Gibraltar. It was material.
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On Report. Assumpsit on a marine policy effected April 9, 1866, “ for one year from March 14, 1866, at noon.” Alleged injury occurred March 15th, 16th, 17th, 18th, and 19th, 1866. The facts are sufficiently stated in the opinion. contended that the representation was equivalent to a statement, that the vessel was safe 'in the port cf Gibraltar. It was material. It was immaterial whether incorporated into the policy or not; or whether treated as a warranty or representation; whether made in good faith or not. In the absence of proof, the positive representation is presumed to have materially…
1Opinion of the CourtAppleton, C. J.
On 10th April, 1866, the defendants insured the plaintiff, and whom it might concern, “ lost or not lost, twenty two hundred dollars on the ship Thomas Lord for one year from March 14, 1866, at noon.” Shortly after March 14th, the vessel was damaged and an injury sustained, for which the defendants are responsible, if the policy attached. The policy is what is termed a time policy, and in such case it is immaterial where the vessel may be at the inception or termination of the risk. It is not pretended that there was any fraudulent conduct on the part of the plaintiff.
The insurance was…
2Cases cited1 opinion
- Manly v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1812