United States Pipe & Foundry Co. v. Northwestern Agencies, Inc.

TANZER, J.,

pro tempore

This case involves a chain of agency stretching from the plaintiff insured through the defendant insurance agency to a London underwriter. The plaintiff ordered insurance on a maritime cargo and paid a premium. It received a binder and Certificate of Insurance, but the premium never reached the underwriters. The plaintiff’s cargo sustained damage during the voyage. Plaintiff sued defendant for rescission and restitution of its premium, rather than acting for damages. Plaintiff contends that the Certificate of Insurance issued in this case was insufficient to insure.

The…