Snow v. . Mercantile Mutual Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme . Court, in the second judicial department, affirming a judgment entered at the Circuit. This action was brought upon a policy of marine insurance.
Read the full summary
Appeal from judgment of the General Term of the Supreme . Court, in the second judicial department, affirming a judgment entered at the Circuit. This action was brought upon a policy of marine insurance. At the trial certain facts were admitted by the parties for the purposes of the action, in substance as follows : On October 25, 1866, William Fry Angelí was the owner of an insurable interest in the ship Sunda, which was then lying in the port of Liverpool, and was perfectly seaworthy. Angelí requested his broker in Liverpool (one Gilchrist) to write to the plaintiffs in the city of New…
1Opinion of the Court
Dwight, C.
The general rule of law is well settled, that if intelligence of a fact enhancing the risk or of a loss is received after an order has been given for a marine insurance and before the contract is executed, it must be communicated to the underwriters with due diligence, or the order be countermanded. (1 Phillips on Ins., § 561.)
The question open to controversy in the above proposition is, the meaning of the expression “ due diligence,” or “ due and reasonable diligence,” as found in some of the authorities. It is claimed by the defendant that it means extreme diligence. To support…
2Cases cited2 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Watson v. DelafieldNew York Supreme Court · 1804
3Cited by8 opinions
- Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
- Goldstein v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- Millar v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Pendergast v. Globe & Rutgers Fire InsuranceNew York Court of Appeals · 1927
- Springfield Fire & Marine Ins. Co. v. National Fire Ins. Co.Court of Appeals for the Eighth Circuit · 1931
3 more not listed; retrieve them via the Exa API.