Frank B. Hall &. Co. v. Jefferson Ins.
District Court, S.D. New York
In Admiralty. Label by Frank B. Hall & Co., Inc., against the Jefferson Insurance Company and others. Libel in personam on an insurance policy. The libelants having furnished certain supplies to the schooner J. E. Dubignon, for which they had a maritime lien in whole or in part, applied to the respondent, among others, for £. policy of insurance.
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In Admiralty. Label by Frank B. Hall & Co., Inc., against the Jefferson Insurance Company and others. Libel in personam on an insurance policy. The libelants having furnished certain supplies to the schooner J. E. Dubignon, for which they had a maritime lien in whole or in part, applied to the respondent, among others, for £. policy of insurance. This was given in the following words: “Baker, (Iarver & Morrell, and/or as agents, on account of whom it may concern, in case of loss to be paid to them or order, do make insurance and cause to be insured, lost or not lost, on advances, as per form…
1Opinion of the Court
LEARNED HAND, District
Judge (after stating the facts as above). Two questions arise: First. What should be the recovery of the libelants, if the owners had not paid them? Second. Does the fact of payment affect their rights? While the policy reads as an insurance of “advances,” it is clear that it was not meant to guarantee the owner’s payment, but the libelants’ interest in the schooner, which was a maritime lien.
[1, 2] The form of the policy, policy proof of interest (P. P. I.), is familiar, and in this country legal. It amounts to an agreement that “in the event of loss” the insured shall…
2Cases cited11 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Garrison v. Memphis Insurance CompanySupreme Court of the United States · 1857
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Excelisor F. Ins. Co. v. . R. Ins. Co. of Liverp'l.New York Court of Appeals · 1873
- Norwich Fire Insurance v. BoomerIllinois Supreme Court · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Travelers Insurance Co. v. GrayeMassachusetts Supreme Judicial Court · 1970
- Lenfest v. ColdwellCourt of Appeals for the Second Circuit · 1975
- Republic of China v. National Union Fire Insurance Co. of PittsburghDistrict Court, D. Maryland · 1958
- Cabaud v. Federal Ins. Co.Court of Appeals for the Second Circuit · 1930
- St. Paul Fire &. Marine Ins. Co. v. Pure Oil Co.District Court, S.D. New York · 1932
1 more not listed; retrieve them via the Exa API.