Legal Opinion

Hearn v. Equitable Safety Ins.

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1872PublishedCited by 2 opinions

Bill in equity to reform a policy of insurance. An action of assumpsit was first brought on the policy, and the case was heard and decided by Clifford, J. (Oct Term, 1870 [Case No. 0,299]). Insurance on charter of barque Maria Henry was granted by the respondents on the 11th of May, 1866, in the sum of $4,000, “at and from Liverpool to a port of discharge in Cuba, and at and thence,to port of advice and destination in Europe.”

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Bill in equity to reform a policy of insurance. An action of assumpsit was first brought on the policy, and the case was heard and decided by Clifford, J. (Oct Term, 1870 [Case No. 0,299]). Insurance on charter of barque Maria Henry was granted by the respondents on the 11th of May, 1866, in the sum of $4,000, “at and from Liverpool to a port of discharge in Cuba, and at and thence,to port of advice and destination in Europe.” When the application for the policy was made, the barque was at Liverpool, and it appears that she loaded at that port with a cargo of coal, and having been regularly…

1Opinion of the Court

CLIFFORD, Circuit Justice.

Courts of equity unquestionably possess tlie power to correct mistakes in policies of insurance, even to tlie extent of changing the ínost material clauses therein which are the subjects of special agreement; but the settled practice is that the power should be exercised with great caution, and only in cases where the proof is entirely satisfactory. Oliver v. Mutual Commercial Marine Ins. Co. [Case No. 10,498]. Where an instrument is drawn and executed, which professes or is intended to carry into execution, an agreement, whether in writing or by parol, previously…

2Cases cited3 opinions

  1. Gillespie v. MoonNew York Court of Chancery · 1817
  2. Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
  3. Genet v. DusenburyThe Superior Court of New York City · 1853

3Cited by2 opinions

  1. North River Insurance v. AtkinsonSupreme Court of Virginia · 1923
  2. D. R. Paskie & Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1928

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