Insurance Co. of North America v. Willey
Massachusetts Supreme Judicial Court
Tort or contract for an alleged over-payment of insurance. Writ dated October 20,1911. The declaration as amended was in four counts, the first and third counts being in tort for deceit, and the second and fourth in contract for money had and received by the defendants to the plaintiff’s use.
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Tort or contract for an alleged over-payment of insurance. Writ dated October 20,1911. The declaration as amended was in four counts, the first and third counts being in tort for deceit, and the second and fourth in contract for money had and received by the defendants to the plaintiff’s use. Essentially the same facts were alleged in all the counts, and they were as follows: On June 27, 1908, the defendants shipped from Liverpool, England, to Boston five hundred and fifty bales of South American wool, which they had insured with the plaintiff under a policy which provided, "The said-goods…
1Opinion of the CourtRugg, C. J.
The plaintiff is a corporation doing marine insurance. The defendants are importers of wool. The plaintiff seeks to recover an alleged over-payment on a cargo of wool duly insured by it and destroyed by fire under circumstances rendering the plaintiff liable to the defendants on its contract of insurance. The pivotal question is whether the policy of insurance issued by the plaintiff to the defendants was a valued policy or an open policy. The difference between the two is this: A valued policy is one where the parties by the contract of insurance fix for the purpose of the risk a definite…
2Cases cited4 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Ogden v. Columbian InsuranceNew York Supreme Court · 1813
- Carson v. Marine Ins.U.S. Circuit Court for the District of Pennsylvania · 1811
- Mayo v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1815
3Cited by6 opinions
- Barton v. Automobile InsuranceMassachusetts Supreme Judicial Court · 1941
- St. Paul Fire & Marine Ins. Co. v. Pure Oil Co.Court of Appeals for the Second Circuit · 1933
- Hartford Live Stock Insurance v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1934
- St. Paul Fire &. Marine Ins. Co. v. Pure Oil Co.District Court, S.D. New York · 1932
- Ellis v. Hartford Livestock Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1943
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