Muller v. Globe & Rutgers Fire Ins. of New York
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libels by Max F. Muller against the Globe & Rutgers Fire Insurance Company of the City of New York and against the Insurance Company of the State of Pennsylvania. From decrees for the libelant, respondents appeal. Appeals in admiralty from final decrees entered in the District Court for the Southern District of New York.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Libels by Max F. Muller against the Globe & Rutgers Fire Insurance Company of the City of New York and against the Insurance Company of the State of Pennsylvania. From decrees for the libelant, respondents appeal. Appeals in admiralty from final decrees entered in the District Court for the Southern District of New York. The cases were tried together below, and argued here on one record. Libelant is a subject of the Austro-Hungarian Empire resident in the United States. He sued on.policies of marine…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1,2] It is to be noted that respondents do not complain of concealment in the sense of suggestio falsi, nor allege that there was suppressio veri, in the sense of maintaining silence as to any subject of investigation. The assertion is that Muller failed in the active duty, incumbent upon him as an applicant for insurance, of disclosing every fact material to the proposed contract, which as a matter of business and fair dealing ought to have been disclosed. Such is the legal obligation of the assured, though the materiality of any fact not disclosed is as…
2Cases cited12 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Royal Insurance v. MartinSupreme Court of the United States · 1904
- Long Island R. v. KillienCourt of Appeals for the Second Circuit · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Standard Oil Co. of NJ v. United StatesSupreme Court of the United States · 1925
- Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
- Btesh v. Royal Ins. Co., Limited, of LiverpoolCourt of Appeals for the Second Circuit · 1931
- Crist v. United States War Shipping AdministrationCourt of Appeals for the Third Circuit · 1947
- King v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1931
20 more not listed; retrieve them via the Exa API.