Hunt v. New Hampshire Fire Underwriters' Ass'n
Supreme Court of New Hampshire
_ Assumpsit. Facts agreed. April 1, 1893, the Granite State Fire Insurance Company insured for one year property of the Boston & Maine Bailroad for $25,000. August 10, 1898, the property was destroyed by fire to the extent in value of $2,800, which sum the Granite State paid in October following.
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_ Assumpsit. Facts agreed. April 1, 1893, the Granite State Fire Insurance Company insured for one year property of the Boston & Maine Bailroad for $25,000. August 10, 1898, the property was destroyed by fire to the extent in value of $2,800, which sum the Granite State paid in October following. April 1,1893, the People’s Fire Insurance Company reinsured the Granite State company for one third part of the risk, and on the same day the defendants reinsured the People’s company for one half their risk. The defendants’ contract contained the following clause: “ Loss, if any, to be settled and…
1Opinion of the Court
'Carpenter, J.
The question presented by the parties is whether the defendants are bound to pay to the People’s company the entire amount of the loss against which they agreed to indemnify the People’s, or only such a part thereof as the insolvent People’s may ultimately pay. The defendants received a full consideration for the risk against which they insured, and there is no reason why they should not be required to pay the full amount of the loss. Blackstone v. Insurance Co., 56 N. Y. 104, 106. The premium received by them and the sum to be paid by them in case of loss were intended to be,…
2Cases cited4 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Blackstone v. . Alemannia Fire Ins. Co.New York Court of Appeals · 1874
- Herckenrath v. American Mutual InsuranceNew York Court of Chancery · 1848
- Reed v. PaulMassachusetts Supreme Judicial Court · 1881
3Cited by20 opinions
- Fontenot v. Marquette Casualty Co.Supreme Court of Louisiana · 1971
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
- Cumis Insurance Society, Inc. v. Republic National Bank of DallasCourt of Appeals of Texas · 1972
- Ruohs v. Traders Fire InsuranceTennessee Supreme Court · 1903
- O'HARE v. PursellSupreme Court of Missouri · 1959
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