Dyer v. Piscataqua Fire & Marine Ins.
Supreme Judicial Court of Maine
ON Report' from ISfisi Prius, Barrows, J., presiding. Assumpsit on a policy of insurance against the perils of the sea. One of the conditions in the policy was as follows : — " No holder of a policy shall be entitled to maintain any action thereon against the company, until he shall have offered to submit his claim to reference.
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ON Report' from ISfisi Prius, Barrows, J., presiding. Assumpsit on a policy of insurance against the perils of the sea. One of the conditions in the policy was as follows : — " No holder of a policy shall be entitled to maintain any action thereon against the company, until he shall have offered to submit his claim to reference. In case any suit shall be commenced without such offer of reference having been made, the claim of the party so commencing such suit shall be released and discharged, and the company be exempted from all liability under it.” The declaration contained no averment of a…
1Opinion of the CourtDanforth, J.
The objection to the maintenance of this suit, before an offer of reference, cannot be sustained. No suggestion of such defence appears in the specifications; it is not, therefore, now open to the defendants.
January 17th, 1862, the defendants insured the plaintiff $4000, on a cargo of molasses on board the " Benjamin Cush-ing,” from Cardenas to Portland, as per policy. The vessel sailed from Cardenas on the 8th of January, 1862, and, on the same day struck upon a reef, in consequence of which, the master was obliged to put into Havana for repairs. Here the vessel was repaired by recaulking,…
2Cases cited5 opinions
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- The United States v. Hall and WorthSupreme Court of the United States · 1810
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
- Geoghegan v. DittoCourt of Appeals of Kentucky · 1859
3Cited by2 opinions
- Liverpool London & Globe Insurance v. HallCourt of Appeals of Kansas · 1895
- Holmes v. Employers' Liability Assurance Corp.Ohio Court of Appeals · 1941