Ryder v. Phœnix Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance against the usual marine risks, made by the defendants June 26,1866, for one year from June 14, 1866, on the barque Dreadnaught, for seven thousand eight hundred dollars, payable to the plaintiffs.
Read the full summary
Contract on a policy of insurance against the usual marine risks, made by the defendants June 26,1866, for one year from June 14, 1866, on the barque Dreadnaught, for seven thousand eight hundred dollars, payable to the plaintiffs. The vessel was valued at thirty thousand dollars in the policy, on the face of which was printed the following clause : “ It is hereby agreed, that if the insured shall have made any other insurance upon the barque aforesaid, prior in date to this policy, then the said insurance company shall be answerable only for so much as the amount of such prior insurance may…
1Opinion of the CourtGray, J.
In case of double insurance, that is, of two insurances on the same interest at the same time and against the same risks, the general maritime law and the custom, understanding and practice of merchants have often differed from the common law as to the proportions in which the different underwriters should contribute and the mode of enforcing their liability.
By the general maritime law and the French ordinance of 1681, in case of two policies upon the same property, the *190amount of the first of which equalled its full value, that alone was binding, and the second underwriters were exempt, and…
2Cases cited5 opinions
- Le Roy v. Globe InsuranceNew York Court of Chancery · 1836
- American Insurance v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1835
- Thurston v. KochSupreme Court of the United States · 1800
- Seamans v. LoringU.S. Circuit Court for the District of Massachusetts · 1816
- In re Croton InsuranceNew York Court of Chancery · 1847
3Cited by5 opinions
- Peninsular & O. S. S. Co. v. Atlantic Mut. Ins.District Court, E.D. Pennsylvania · 1911
- Leary v. MurrayCourt of Appeals for the Third Circuit · 1910
- Ryder v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1869
- Carleton v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1899
- Lewis v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1881