Goix v. Knox
New York Supreme Court
This was an action on a policy of insurance, dated the 2lst of February, 1798, upon all kinds of lawful goods in the ship Minerva, on a voyage from New York to Guadaloupe, valued at 5500 dollars. The premium was ten per cent, and besides the usual risks enumerated in printed policies, it was declared, by a clause in writing, that the insurance was to be “ against all risks" The policy contained no warranty.
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This was an action on a policy of insurance, dated the 2lst of February, 1798, upon all kinds of lawful goods in the ship Minerva, on a voyage from New York to Guadaloupe, valued at 5500 dollars. The premium was ten per cent, and besides the usual risks enumerated in printed policies, it was declared, by a clause in writing, that the insurance was to be “ against all risks" The policy contained no warranty. The cause was tried at the last circuit held for the city and county of New York, before Mr. Justice Benson, and a verdict was found for the plaintiff, subject to the opinion of the court…
1Per curiam
In the present case there is no warranty, either express or implied, nor any representation that the ship- or goods were neutral property ; and besides the usual risks, inserted in printed policies, this .policy declares that the insurance is to be “ against all risks.”(a) .This expression is vague and indefinite, but if we allow it any force, it must be considered as creating a special insurance, and extending to-other risks than are usually contemplated. "We are inclined to give it a liberal construction, and apply it to,all losses, except such as arise'from the fraud of the‘insured.…
2Cited by3 opinions
- Radcliff v. United InsuranceNew York Supreme Court · 1810
- Skidmore v. DesdoityNew York Supreme Court · 1800
- Hills v. Rhenish Westfalian Lloyd Transport InsuranceNew York Supreme Court · 1886