Fireman's Fund Ins. v. Globe Nav. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Net-erer, Judge. libel in personam by the Globe Navigation Company, appellee herein, and S. P. Weston, its trustee in bankruptcy, against the Fireman’s Fund Insurance Company, appellant, to recover the amounts of two policies of marine insurance issued by the latter on April 17, 1911, for $6,000 and $24,000, respectively, upon the schooner Wm.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Net-erer, Judge. libel in personam by the Globe Navigation Company, appellee herein, and S. P. Weston, its trustee in bankruptcy, against the Fireman’s Fund Insurance Company, appellant, to recover the amounts of two policies of marine insurance issued by the latter on April 17, 1911, for $6,000 and $24,000, respectively, upon the schooner Wm. Nottingham, owned by appellee, and which it is alleged was totally lost by perils of the sea and perils insured against in said…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The .appellant defends this action on the grounds: 1. The vessel was not, seaworthy when she set out on the voyage in question. 2. The vessel did not become a total loss. 3. The vessel did not, under the terms of the policies, become a constructive total loss. .
1. It is provided in the policies of insurance that:
“The adventures and perils which this insurance company is contented to bear, and takes upon itself, * * * are of the seas * * * and all other losses and misfortunes that shall come to the hurt or damage of the vessel, * * * or any part thereof, to…
2Cases cited26 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
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- Barreras v. SantanaSupreme Court of Puerto Rico · 1963
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
- Proprietors Ins. Co. v. SiegelDistrict Court of Appeal of Florida · 1982
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