Hagar v. New England Mutual Marine Insurance
Supreme Judicial Court of Maine
On report. Assumpsit on a policy issued to the plaintiff, by the defendants, on ship “Ida Lilly,” for one year from January 5, 1866, for the sum of eight thousand dollars, the insurers not to be “ liable for any partial loss on the vessel unless it amount to live per cent, exclusive of all charges and expenses incurred for the purpose of ascertaining and proving the loss.”
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On report. Assumpsit on a policy issued to the plaintiff, by the defendants, on ship “Ida Lilly,” for one year from January 5, 1866, for the sum of eight thousand dollars, the insurers not to be “ liable for any partial loss on the vessel unless it amount to live per cent, exclusive of all charges and expenses incurred for the purpose of ascertaining and proving the loss.” There was evidence tending to show that the “ Ida Lilly,” then in good condition, tight and strong, arrived at Charleston, S. C., in August, 1866, from Liverpool, with a full cargo, where at the end of the wharf she was…
1Opinion of the CourtWalton, J.
Action on a marine insurance policy. The plaintiff’s right to recover is resisted on several grounds. First, it is said that the plaintiff’s ship was not injured by a peril of the sea. Second, that it would not have been injured but for the carelessness of the master. Third, that no one of the losses alone amounted to five per cent of the valuation of the ship, and that two or more losses by separate and distinct perils cannot be added together to make up that amount.
*4631. All ships moored in tide-harbors are liable, as the tide ebbs, to take the ground in a mal-position, or to strike tlieir…
2Cases cited3 opinions
- Paddock v. Commercial InsuranceMassachusetts Supreme Judicial Court · 1870
- Windsor v. McAteeCourt of Appeals of Kentucky · 1859
- Potter v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1835
3Cited by3 opinions
- Frederick Starr Contracting Company v. Aetna Insurance CompanyCourt of Appeals for the Second Circuit · 1960
- McNally v. Insurance Co. of North AmericaNew York Supreme Court · 1900
- Pacific Indemnity Co. v. SussexDistrict Court, D. Oregon · 1967