Riggin v. Patapsco Insurance
Court of Appeals of Maryland
Appeal from Baltimore County Court. . This was an action of covenant, brought by the insured, (the appellants,) against the insurers, (the appellees,) upon a policy of insurance, on the schooner Two Brothers, at and from Baltimore to St. Bartholomews, &c. for a total loss by the perils of the sea.' The defendants pleaded non infregit conventionem, and issue was joined.
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Appeal from Baltimore County Court. . This was an action of covenant, brought by the insured, (the appellants,) against the insurers, (the appellees,) upon a policy of insurance, on the schooner Two Brothers, at and from Baltimore to St. Bartholomews, &c. for a total loss by the perils of the sea.' The defendants pleaded non infregit conventionem, and issue was joined. At the trial the plaintiffs gave in evidence the policy of insurance declared upon, which was duly proved, dated the 5th of May 1831, in which it is set iorth “that the Patapsco Insurance Company have insured, and hereby do…
1Opinion of the CourtDorsey, J.
The right to the appellants to recover in this action, seems to have been resisted in the court below, simply on the ground that the sailing of the schooner Two Brothers from St Barts, to Marguarita, under the circumstances of the case, was a deviation by which the underwriters were discharged from all liability on the policy. But the appellees here contend, that the judgment rendered is correct for various reasons. First. They insist that every deviation to avoid a peril not insured against absolves the assurers. To examine this point independently of decisions on the subject, the court…
2Cases cited2 opinions
- Oliver v. Maryland InsuranceSupreme Court of the United States · 1813
- Breed v. EatonMassachusetts Supreme Judicial Court · 1813
3Cited by9 opinions
- Blumhardt v. RohrCourt of Appeals of Maryland · 1889
- Adams v. CapronCourt of Appeals of Maryland · 1864
- Palatine Insurance v. O'BrienCourt of Appeals of Maryland · 1908
- Winner v. PennimanCourt of Appeals of Maryland · 1872
- Haines v. PearceCourt of Appeals of Maryland · 1874
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