Lodwicks & Kennedy v. Ohio Insurance
Ohio Supreme Court
This action is brought on a policy of insurance upon a quantity of corn, laden on board two flat-boats, bound from Louisville to* New Orleans. The perils covered by the policy are, in the usual. terms of marine insurance, against “ rivers, *fires, enemies, pirates, rovers, assailing thieves, and all other perils, losses, and misfortunes, which shall come to the damage of said produce, according to the true intent and meaning of said policy.”
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This action is brought on a policy of insurance upon a quantity of corn, laden on board two flat-boats, bound from Louisville to* New Orleans. The perils covered by the policy are, in the usual. terms of marine insurance, against “ rivers, *fires, enemies, pirates, rovers, assailing thieves, and all other perils, losses, and misfortunes, which shall come to the damage of said produce, according to the true intent and meaning of said policy.” On the trial in Hamilton county, the facts proven by the plaintiffs were, in substance, as follows : The boats were both landed in dhe evening in an…
1Opinion of the Court
*Wright, J.,
delivered the opinion of the court:
The real questions' to be decided are, what is the meaning of *397tbe general clause in this policy of insurance, and what constitutes such negligence in the navigators as will excuse the insurer?1
The meaning of the general clause in marine policies, by which insurers undertake to indemnify for damage resulting from all other perils, losses, and misfortunes, or against any peril whatever, has been fixed by judicial construction. These terms are used in reference to established rules of law, and must be expounded by those rules. Grim v. Phenixon &…
2Cases cited7 opinions
- Allen v. SewallNew York Supreme Court · 1829
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
- Brazier v. ClapMassachusetts Supreme Judicial Court · 1809
- Schieffelin v. New-York InsuranceNew York Supreme Court · 1812
- Bronson v. MannNew York Supreme Court · 1816
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Helton v. Scioto County Board of CommissionersOhio Court of Appeals · 1997
- Bier v. City of New PhiladelphiaOhio Supreme Court · 1984
- Arndt v. P M Ltd., 2007-P-0038 (5-9-2008)Ohio Court of Appeals · 2008
- Bickerstaff v. Ohio Dept. of Rehab. & Corr.Ohio Court of Appeals · 2014
- Cincinnati Gas Light & Coke Co. v. BowmanOhio Superior Court, Cincinnati · 1855
1 more not listed; retrieve them via the Exa API.