McLoon v. Commercial Mutual Insurance
Massachusetts Supreme Judicial Court
Contract upon two policies of insurance, one upon the ship Young Mechanic, and the other upon her freight, on a voyage from Boston to Hong Kong. Upon the margin of the policy on the ship was printed, and upon the margin of that on the freight was written, these words : “ Warranted by the assured that the vessel be commanded by a captain holding a certificate from the American Shipmasters’ Association.”
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Contract upon two policies of insurance, one upon the ship Young Mechanic, and the other upon her freight, on a voyage from Boston to Hong Kong. Upon the margin of the policy on the ship was printed, and upon the margin of that on the freight was written, these words : “ Warranted by the assured that the vessel be commanded by a captain holding a certificate from the American Shipmasters’ Association.” At the- trial in this court, before Hotvr, J., William Grant, late captain of the Young Mechanic, which sailed from Boston March 5, 1866, and was wholly lost at sea April 10,1866, testified…
1Opinion of the CourtGray, J.
An express warranty in a policy of insurance is a condition precedent, the burden of proving performance of which rests upon the assured. The nature and form of the warranty may affect the amount of evidence to be required of the plaintiff in the first instance ; but whether the terms used are affirmative or negative, the warranty is equally a condition precedent, performance of which must be proved by the plaintiff in order to maintain an action on the policy. The rule has accordingly been applied equally to warranties to sail with convoy or with a certain crew, armament or license, and to…
2Cases cited1 opinion
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by9 opinions
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
- Fuller v. New York Fire InsuranceMassachusetts Supreme Judicial Court · 1903
- Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc.Court of Appeals for the Ninth Circuit · 1906
- Fidelity-Phenix Ins. Co. v. Chicago Title & Trust Co.Court of Appeals for the Seventh Circuit · 1926
- Wilkins v. Germania Fire InsuranceSupreme Court of Iowa · 1881
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