The Mutual Safety Ins. Co. v. . Hone
New York Court of Appeals
The American Mutual Insurance Company, on the 3d of May, 1845, insured Messrs. Hackenrath & Van Damme against loss by fire, to the amount of $22,000, on merchandise in a store in Broadway, in the city of New-York. On the 7th of May, 1845, the said company caused themselves to be reinsured by The Mutual Safety Insurance Company, to the amount of ten thousand dollars, against loss by fire, on the same merchandise, for one year from the 4th of May in that year.
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The American Mutual Insurance Company, on the 3d of May, 1845, insured Messrs. Hackenrath & Van Damme against loss by fire, to the amount of $22,000, on merchandise in a store in Broadway, in the city of New-York. On the 7th of May, 1845, the said company caused themselves to be reinsured by The Mutual Safety Insurance Company, to the amount of ten thousand dollars, against loss by fire, on the same merchandise, for one year from the 4th of May in that year. In the policy of reinsurance, the underwriters engaged to “reinsure” to the amount of $10,000, and to t£ make good unto the reinsured…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The structure of the contract upon which this action is brought is exceedingly inartificial. An ordinary policy against loss by fire has, by the substitution of the word "reinsure" for insure, without any other alteration, been converted into a contract of indemnity against the risk incurred by The Mutual Insurance Company, by a previous insurance of the property of Hackenrath Van Damme.
The contract in its present form is one of reinsurance. So much appears upon…
2Cited by32 opinions
- Allemannia Fire Ins. Co. of Pittsburgh v. Firemen's Ins. Co. of Baltimore Ex Rel. WolfeSupreme Court of the United States · 1908
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Russell v. BooksNew York Supreme Court · 1959
- Pink v. American Surety Co.New York Court of Appeals · 1940
- Globe National Fire Insurance v. American Bonding & Casualty Co.Supreme Court of Iowa · 1923
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