Globe & Rutgers Fire Ins. v. Alaska-Portland Packers' Ass'n
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action by the Alaska-Portland Packers’ Association against the Globe & Rutgers Fire Insurance Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action by the Alaska-Portland Packers’ Association against the Globe & Rutgers Fire Insurance Company. Judgment for plaintiff, and defendant brings error. The defendant in error, through its .brokers, M. C. Harrison & Co., procured of the plaintiff in error a fire insurance policy for $5,000 on a salmon cannery at Nushagak, Alaska, and the property therein situate, consisting of material and supplies for packing salmon, together with salmon pickled and canned in the cannery and on the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). It is contended that the marine insurance, while it covered the same property and_ insured against the same risk as the policy issued by the plaintiff in error, is not “concurrent” insurance within the permission of the policy issued by the latter, for the reason that the liability is not the same; that while the liability on the fire insurance policies is for all loss, both partial and total, which might occur by fire, the liability under the marine insurance is only for a total loss, and protects against no partial loss, however great it might be; and…
2Cases cited5 opinions
- Washburn-Halligan Coffee Co. v. Merchants' Brick Mutual Fire InsuranceSupreme Court of Iowa · 1900
- Corkery v. Security Fire InsuranceSupreme Court of Iowa · 1896
- New Jersey Rubber Co. v. Commercial Union Assurance Co. of LondonSupreme Court of New Jersey · 1900
- Gough v. DavisNew York Supreme Court · 1898
- Caraher v. Royal InsuranceNew York Supreme Court · 1892
3Cited by2 opinions
- Blue Anchor Overall Co. v. Pennsylvania Lumbermens Mutual InsuranceSupreme Court of Pennsylvania · 1956
- E. H. Emery & Co. v. American InsuranceSupreme Court of Iowa · 1916