Legal Opinion

Page v. Sun Insurance Office

U.S. Circuit Court for the District of Minnesota

Decided November 5, 1894PublishedCited by 1 opinion

Action by Edward S. Page and others against the Sun Insurance Office on a fire policy. In this case plaintiffs, lumber dealers at Anoka, Minn., held four policies of insurance for $2,500 each, of which the defendant issued one, on the westerly block of their lumber yards. They also held policies, amounting to SfO.OOO, covering llio lumber on both the easterly and westerly blocks.

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Action by Edward S. Page and others against the Sun Insurance Office on a fire policy. In this case plaintiffs, lumber dealers at Anoka, Minn., held four policies of insurance for $2,500 each, of which the defendant issued one, on the westerly block of their lumber yards. They also held policies, amounting to SfO.OOO, covering llio lumber on both the easterly and westerly blocks. A loss occurred, solely upon tlie westerly block, to the amount of $30,982.02; and tlie only question to bo determined is as to tlie contribution to be paid under the several policios. It is agreed that, the values…

1Opinion of the CourtNelson, District Judge

(after stilting tlie facts). Under this clause in the Minnesota standard policy, which is the contract governing the case, the limitation of liability is for a proportionate part of the whole insurance covering the property; and the stipulation. exempts tlie defendant from any greater liability than a part of the loss, to be measured by the whole amount insured. This rule, it seems to me, must be applied whether the other insurance is by specific or compound policies. There is no intimation in the clause that compound or floating policies covering the same and other property sire not to be…

2Cited by1 opinion

  1. Page v. Sun Insurance OfficeCourt of Appeals for the Eighth Circuit · 1896

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