Legal Opinion

Relief Fire Ins. Co. of NY v. Shaw

Supreme Court of the United States

Decided May 18, 1877No. 256PublishedCited by 40 opinions

Error to the Circuit Court of the United States for the ■District of Massachusetts.

1Opinion of the CourtJustice Bradley

The principal question in this case is, whether a parol contract of insurance, made on behalf of the plaintiff in error by its agent in the city of Boston, was valid.

That á contract of insurance can be made by parol, unless prohibited by statute; or other positive regulation, has been too often decided to leave it an open question. That it is not usually made in this way is no evidence that it cannot be so made. To avoid misunderstandings in a contract of such importance and complexity, it is undoubtedly desirable that it should always be in writing; and such is the requirement of many codes…

2Cases cited2 opinions

  1. Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
  2. Kelly v. Commonwealth Insurance of PennsylvaniaThe Superior Court of New York City · 1862

3Cited by40 opinions

  1. Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
  2. Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
  3. McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
  4. Hardwick v. State InsuranceOregon Supreme Court · 1891
  5. Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937

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