Legal Opinion
Illinois Mutual Fire Insurance v. Andes Insurance
Illinois Supreme Court
Decided January 15, 1873PublishedCited by 7 opinions
Writ of Error to the City Court of Alton; the Hon. Henry S. Baker, Judge, presiding.
1Opinion of the CourtJustice Sheldon
' The only question here presented for decision is, as to the amount of the recovery.
The original insurer became liable to pay to the first assured the sum of $6000 in consequence of the loss of the subject matter of the first insurance ; but it actually paid only $600 in full discharge of the liability. The amount of the reinsurance was $2000. Shall the reinsured recover the full $2000, or only $600, or a pro rata part of the latter sum ?
So far as we are aware, the contract of insurance, or of reinsurance, against loss by fire, has uniformly been held to be a contract of indemnity not…
2Cases cited1 opinion
- Eagle Insurance v. Lafayette InsuranceIndiana Supreme Court · 1857
3Cited by7 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Max Edlin and Ida Edlin v. Security Insurance Company, Corporations, Peoria Housing Authority, Intervening v. Security Insurance Company, CorporationsCourt of Appeals for the Seventh Circuit · 1959
- Home Insurance Co. v. . Continental Ins. Co.New York Court of Appeals · 1905
- City Trust & Savings Bank of KanKakee v. Underwriting Members of Lloyds At LondonCourt of Appeals for the Seventh Circuit · 1940
- Home Insurance v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
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