Whealton Packing Co. v. Ætna Ins.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of Maryland, at Baltimore. Action by the Whealton Packing Company against the ¿Etna Insurance Company.
1Per curiam
While it may be entirely true that some of the courts of this country have gone too far in holding that the breach of an express warranty in an insurance policy, whether material to the risk or not, whether a loss happened through the breach or not, absolutely determines the policy, we are not called upon to either discuss or determine the question in this case. Here the insured warranted that his boat should “at all times have a competent watchman on board,” and the evidence is undisputed that, while the boat was lying at wharf, the sole watchman aboard went ashore to secure a change of…
2Cases cited6 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
- First National Bank v. President & Directors of Insurance Co. of North AmericaNew York Court of Appeals · 1872
- Snyder v. Home Ins.District Court, S.D. New York · 1904
- Ryan v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
- Home Ins. Co. v. Ciconett. Ciconett v. Home Ins. CoCourt of Appeals for the Sixth Circuit · 1950
- Wilburn Boat Co. v. Fireman's Fund Ins. CoCourt of Appeals for the Fifth Circuit · 1953
- Shamrock Towing Co. v. American Ins. Co.Court of Appeals for the Second Circuit · 1925
- Norwich Union Indemnity Co. v. H. Kobacker & Sons Co.Court of Appeals for the Sixth Circuit · 1929
9 more not listed; retrieve them via the Exa API.