Rogers v. Ætna Ins. Co.

LACOMBE, Circuit Judge.

I concur in the conclusion that the decrees in this case and in the case of Rogers v. Home Ins. Co., 95 Fed. 109, should be affirmed. The company contracted to respond only for “such loss or damage as the tug may become legally liable for,” and has stipulated that “the liability of the tug for such loss or damage [shall be] determined by a suit at law, or otherwise, as this company may elect.” The companies in these cases did not elect to reimburse without requiring the assured to stand suit; and I am therefore of the opinion that the “loss” insured against is the sum…