Travellers Ins. v. Wild River Lumber Co.
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Maine. This was an action at law by the Wild River Lumber Company against the Travellers Insurance Company to recover upon a policy of indemnity insurance. The action was brought in the supreme judicial court of the state of Maine, and i lienee removed into the circuit court by the defendant.
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In Error to the Circuit Court of the United States for the District of Maine. This was an action at law by the Wild River Lumber Company against the Travellers Insurance Company to recover upon a policy of indemnity insurance. The action was brought in the supreme judicial court of the state of Maine, and i lienee removed into the circuit court by the defendant. The case was tried to the court without a jury, and judgment given for the plaintiff, to review which defendant sued out this writ of error. The policy sued on insured the plaintiff company “against loss from liability to every person…
1Opinion of the Court
BROWN, District Judge.
Whether the contract of insurance was contained solely in the policy, or in the policy and application together, does not appear to us a vital question. By the policy the lumber company was insured against loss from liability to every person who” should, during a stated period, “sustain accidental bodily injuries under circumstances which shall impose upon the insured a common-law or statutory liability therefor.” Conceding, for the purposes of the case, that there should be taken from the application, and incorporated into the contract, the following language: “It is…
2Cited by3 opinions
- New Amsterdam Casualty Co. v. MeskerMissouri Court of Appeals · 1907
- E. Clemens Horst Co. v. Hartford Accident & Idemnity Co.Court of Appeals for the Ninth Circuit · 1928
- T. H. Mastin & Co. v. Standard Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1930