Legal Opinion · Dissent

Moss v. Union Mutual Insurance

Michigan Court of Appeals

Decided April 26, 1968No. Docket No. 3,111Published

1DissentLevin, P. J.

I do not think the contract of insurance entered into by the Mosses and the defendant insurance company covering their prospective daughter-in-law’s engagement ring violated the public policy of this State. And whether it violated public policy is the core question.

The majority emphasizes Crossman’s1 inquiry whether the plaintiff there had been pecuniarily damaged by the loss of the building. But both the fore and aft of that opinion show the fundamental inquiry to be whether the policy of insurance is a wagering, gambling contract, not whether the insured will suffer a pecuniary loss. The…

2Cases cited19 opinions

  1. Prudential Insurance Co. of America v. CusickMichigan Supreme Court · 1963
  2. Crossman v. American InsuranceMichigan Supreme Court · 1917
  3. Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
  4. Agricultural Insurance v. MontagueMichigan Supreme Court · 1878
  5. Liverpool & London & Globe Insurance v. BollingSupreme Court of Virginia · 1940

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