Legal Opinion

Atlas Reduction Co. v. New Zealand Ins.

Court of Appeals for the Eighth Circuit

Decided April 24, 1905No. 1,934PublishedCited by 46 opinions

In Error to the Circuit Court of the United States for the District of Colorado. This was an action at law by the Atlas Reduction Company, a Colorado corporation, George B. Dodge, and Archie M. Stevenson, upon a policy of fire insurance issued by the New Zealand Insurance Company, a New Zealand corporation, to the reduction company, upon certain property, real and personal — principally personal — belonging to the latter company, and connected with what was known as the…

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In Error to the Circuit Court of the United States for the District of Colorado. This was an action at law by the Atlas Reduction Company, a Colorado corporation, George B. Dodge, and Archie M. Stevenson, upon a policy of fire insurance issued by the New Zealand Insurance Company, a New Zealand corporation, to the reduction company, upon certain property, real and personal — principally personal — belonging to the latter company, and connected with what was known as the “Delano Chlorination Mill.” The policy contained these provisions: “This entire policy, unless otherwise provided by…

1Opinion of the CourtVan Devanter, Circuit Judge

In approaching the decision of any controversy arising out of a policy of insurance it is well to have in mind the cardinal rule that the policy is a contract by which must be measured the right of the insured and the obligation of the insurer. As was said by Mr. Justice Jackson in speaking for the court in Imperial Fire Insurance Company v. Coos County, 151 U. S. 452, 462, 14 Sup. Ct. 379, 38 L. Ed. 231:

“Contracts of insurance are contracts of indemnity upon the terms and conditions specified in the policy or policies embodying the agreement of the parties. For a comparatively small…

2Cases cited23 opinions

  1. Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
  2. Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
  3. Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
  4. Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
  5. Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878

18 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Standard Life & Accident Ins. v. McNultyCourt of Appeals for the Eighth Circuit · 1907
  2. St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
  3. Officer v. American Eagle Fire Ins. Co.Supreme Court of Louisiana · 1932
  4. United States Fidelity & Guaranty Co. v. Centropolis Bank of Kansas City, Mo.Court of Appeals for the Eighth Circuit · 1927
  5. Smith v. Germania Fire InsuranceOregon Supreme Court · 1922

41 more not listed; retrieve them via the Exa API.

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