Robinson v. Georges Insurance
Supreme Judicial Court of Maine
Assumpsit on a policy of insurance. There was in the policy the usual clause, providing for a reference in case of disputes arising under it. There was no evidence of any offer to refer before the commencement of the suit. The counsel for the defendants requested Weston C. J. presiding at the trial, to direct a nonsuit, because no offer to refer had been made. This was declined by the Chief Justice. The plaintiff claimed as for a total loss.
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Assumpsit on a policy of insurance. There was in the policy the usual clause, providing for a reference in case of disputes arising under it. There was no evidence of any offer to refer before the commencement of the suit. The counsel for the defendants requested Weston C. J. presiding at the trial, to direct a nonsuit, because no offer to refer had been made. This was declined by the Chief Justice. The plaintiff claimed as for a total loss. It was proved, that the vessel insured was stranded on a sand bar at the mouth of the St. John’s River, in Florida; tliat she was abandoned by the master…
1Opinion of the Court
*134The opinion of the Court was drawn up by
Emery J.
On reviewing the report in this case, we consider that the Chief Justice would not have been warranted to direct a nonsuit. The clause in the policy providing for a reference, if disputes arise, has long been practically ranked among the unimpor-' tant provisions of the policy. On whom is the obligation to make the first offer ? We see nothing in the provision that indicates it. It is treated in the English authorities as of little consequence, because it ought not to be holden sufficient to oust the courts of law or equity of jurisdiction. Kill…
2Cases cited2 opinions
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
- Kenyon v. City of IndianapolisIndiana Superior Court · 1872
3Cited by7 opinions
- Randall v. American Fire InsuranceMontana Supreme Court · 1891
- Sanford v. Commercial Travelers' Mut. Acc. Ass'n of AmericaNew York Supreme Court · 1895
- Trott v. City Ins. Co.U.S. Circuit Court for the District of Maine · 1860
- Crossley v. Connecticut Fire Ins.U.S. Circuit Court for the District of Massachusetts · 1886
- Chicago M. & St. P. Ry. Co. v. StewartU.S. Circuit Court for the District of Minnesota · 1883
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