Richelieu & Ontario Navigation Co. v. Thames & Mersey Marine Insurance
Michigan Supreme Court
Appeal from Wayne. (Chambers, J.) Assumpsit. Plaintiff brings error. A sole owner of a steamer, to whom a policy of insurance thereon is made payable exclusively, is a proper party to sue on the policy in his own name: Wood on Ins. 319 ; 2 Pars. Mar. Ins. 448 ; Motley v. Ins. Co. 29 Me. 337; May on Ins. § 446 ; Barber on Ins. 31; Hopkins v. Ins. Co. 48 Mich. 148 ; Anson v. Ins. Co. 23 Iowa 84; Winchester Ins. Go.v.
Read the full summary
Appeal from Wayne. (Chambers, J.) Assumpsit. Plaintiff brings error. A sole owner of a steamer, to whom a policy of insurance thereon is made payable exclusively, is a proper party to sue on the policy in his own name: Wood on Ins. 319 ; 2 Pars. Mar. Ins. 448 ; Motley v. Ins. Co. 29 Me. 337; May on Ins. § 446 ; Barber on Ins. 31; Hopkins v. Ins. Co. 48 Mich. 148 ; Anson v. Ins. Co. 23 Iowa 84; Winchester Ins. Go.v. Foster 90 111. 122; Western Development Co. v. Emery 61 Cal. 611; the party insured is the party to be indemnified by the policy: 1 Phil. Mar. Ins. 2; 1 Arnould Mar. Ins. 25; an…
1Opinion of the CourtCampbell, J.
Plaintiff sued defendant on a marine policy upon the steamer Spartan, dated April 21,1883, and running from May 1 to November 30, 1883, covering the usual risks on any of the Great Lakes and river St. Lawrence. The ves. sel was wrecked on Lake Superior on the 19th of June, and abandonment was made by plaintiff and accepted by defendant as for a total loss. Defendant took posession of the *134wreck, and had the vessel repaired, at án expense-of over 50 per cent.
■ The defense rested on the alleged ground that plaintiff was not insured, and could not sue on the policy. It was also claimed that no…
2Cases cited1 opinion
- Hopkins Manufacturing Co. v. Aurora Fire & Marine InsuranceMichigan Supreme Court · 1882
3Cited by5 opinions
- Minnock v. Eureka Fire & Marine InsuranceMichigan Supreme Court · 1892
- Transportation Equip. Rent. v. OREGON AUTO. INS. COOregon Supreme Court · 1970
- Richelieu & Ontario Navigation Co. v. Thames & Mersey Marine InsuranceMichigan Supreme Court · 1888
- Traders Insurance v. Pacaud & Co.Appellate Court of Illinois · 1894
- Transportation Equipment Rentals, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1970