Legal Opinion

Wilson v. Genesee Mutual Insurance

New York Supreme Court

Decided December 5, 1853PublishedCited by 11 opinions

This was an action upon a policy of insurance for $2000, issued by the defendants to the firm of A. H. Dixon & Co. of Decatur, Michigan, on the goods and stock in their store at Decatur. The firm was composed of A. H. Dixon and Samuel G. Goss.

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This was an action upon a policy of insurance for $2000, issued by the defendants to the firm of A. H. Dixon & Co. of Decatur, Michigan, on the goods and stock in their store at Decatur. The firm was composed of A. H. Dixon and Samuel G. Goss. The policy was issued December 25th, 1849. They dissolved partnership, and Goss sold out to Dixon all his interest in the concern, including the property insured, on the 1st of March, 1850. The store with all its contents was destroyed by fire, June 19th, 1850, and goods and stock, exceeding the amount of insurance, destroyed. A. H. Dixon, surviving…

1Opinion of the Court

By the Court, Roosevelt, J.

In the contract of insurance perfect good faith is indispensable. To guard against frauds, underwriters, almost universally, insist upon knowing whom they insure and how much is insured, whether by themselves or others. Hence the policy cannot be transferred, nor the insurance increased, without their consent. Is an assignment from one partner to another within the principle on which the prohibition is founded ?

When underwriting for a firm the insurers are presumed to know, and to be satisfied with, each and every of its members. They are also presumed to know,…

2Cited by11 opinions

  1. Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
  2. Burnett & Martin v. Eufaula Home InsuranceSupreme Court of Alabama · 1871
  3. Dey v. Poughkeepsie Mutual InsuranceNew York Supreme Court · 1857
  4. Shotwell v. Jefferson InsuranceThe Superior Court of New York City · 1859
  5. Whitwell v. Putnam Fire InsuranceNew York Supreme Court · 1872

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