Whiting ex rel. Sun Mutual Insurance v. Independent Mutual Insurance
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. in this case an action of assumpsit was brought at May term 1855, of the court below, by the appellant, Whiting, against the appellee, on a policy of insurance, made by the defendant, on the 16th of March. 1854, to the amount of §7400, on the barque £íA.
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Appeal from the Superior Court of Baltimore city. in this case an action of assumpsit was brought at May term 1855, of the court below, by the appellant, Whiting, against the appellee, on a policy of insurance, made by the defendant, on the 16th of March. 1854, to the amount of §7400, on the barque £íA. A. Drebert,” valued in the policy at §22,000. Plea non assumpsit. with agreement to waive all objections to the form of action and errors in pleading, and with leave to either party to give in evidence any matter which would be admissible under any form of action or issue. The record also…
1Opinion of the CourtBautor, J.
The policy on which this suit was brought was underwritten by the appellee, on the 10th of March 1854, and a partial loss having occurred from the perils insured against, the question presented for our decision is, whether the appellee is liable in this action for any portion of the loss?
On a marine policy, the liability of the underwriter for loss, whether total or partial, is to pay that proportion which the amount, underwritten bears to the whole amount at risk. No authority need be cited in support of this rule; it is universally conceded to be the law governing such contracts, unless…
2Cases cited4 opinions
- American Insurance v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1835
- Thurston v. KochSupreme Court of the United States · 1800
- Merryman v. State at the inst. of Harris ex rel. MurrayCourt of Appeals of Maryland · 1822
- Williamson v. Allen ex rel. RistonCourt of Appeals of Maryland · 1830
3Cited by20 opinions
- Neely v. JonesWest Virginia Supreme Court · 1880
- Hanover Fire Insurance v. Alexander Brown & SonsCourt of Appeals of Maryland · 1893
- Rittler v. SmithCourt of Appeals of Maryland · 1889
- Dickey, Tansley & Co. v. Pocomoke City National BankCourt of Appeals of Maryland · 1899
- Emerick v. CoakleyCourt of Appeals of Maryland · 1872
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