Ely v. Hallett
New York Supreme Court
UPON a policy of insurance on freight of goods, the defendant relied on testimony, showing that the plaintiff wás informed, prior to making the insurance, that a very severe storm had happened at Norfolk shortly after the sailing of the vessel, which would in all probability endanger her safety, and which circumstance he did not communicate to the defendant.
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UPON a policy of insurance on freight of goods, the defendant relied on testimony, showing that the plaintiff wás informed, prior to making the insurance, that a very severe storm had happened at Norfolk shortly after the sailing of the vessel, which would in all probability endanger her safety, and which circumstance he did not communicate to the defendant. Upon this testimony the jury returned the following verdict: “ That the plaintiff was possessed of information that a violent storm took place at Norfolk, about eleven hours after the vessel sailed, and that he did not communicate such…
1Opinion of the CourtThompson, J.
delivered tbe opinion of tbe court. Tbe underwriter on a policy of insurance enters into contract, and computes tbe premium, in full confidence that tbe insured, being fully informed of all circumstances relating to tbe intended voyage, bas dealt fairly with bim, and bas kept back nothing which it might be material for bim to know. Every fact and circumstance, therefore, wbicb can possibly influence tbe mind of tbe insurer, in determining whether be will underwrite tbe policy, or at what premium, is material to be disclosed, and a concealment thereof will vitiate tbe policy. A concealment is…
2Cited by2 opinions
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835
- Ruggles v. General Interest Ins.U.S. Circuit Court for the District of Massachusetts · 1825