Seton v. Delaware Ins.
U.S. Circuit Court for the District of Pennsylvania
Action on four policies of insurance: two on the cargo underwritten, for 11,000 dollars, and the other valued at 1,000 dollars, on board the William, at and from New-York to Bara-coa, Nevitas, and Matanzas, in" the island of Cuba, and back; to return one per cent, for all ports she shall not stop at; declared, in a written clause, to be on goods and specie, . both or either valued on the voyage outward at 12,000 dollars, with the usual printed clause of warranty against any…
Read the full summary
Action on four policies of insurance: two on the cargo underwritten, for 11,000 dollars, and the other valued at 1,000 dollars, on board the William, at and from New-York to Bara-coa, Nevitas, and Matanzas, in" the island of Cuba, and back; to return one per cent, for all ports she shall not stop at; declared, in a written clause, to be on goods and specie, . both or either valued on the voyage outward at 12,000 dollars, with the usual printed clause of warranty against any charge or loss on account of any illicit or prohibited trade. The third policy is on the ship, and the fourth on the…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). The question of law is, whether the plaintiff is entitled to recover for a total or a partial loss on cargo and freight. Upon the construction of the policy, it is said that the written must control the printed clause, if they contradict each other. This .is true. There are strong reasons in favour of the position. But the construction of policies of insurance, is governed by the same rules as apply to other written instruments; and if all the clauses can be fairly made to stand together, and to have effect, they should be so expounded as to produce such a result. We…
2Cited by2 opinions
- Baker v. Merchants' Mut. Ins.U.S. Circuit Court for the District of Eastern Louisiana · 1883
- Forbes v. Manufacturers' InsuranceMassachusetts Supreme Judicial Court · 1854