American Law Register Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 Excerpt: ...alleged loss, it shall be referred to and determined by referees to be mutually chosen by the parties; that no policy holder shall maintain any action thereon until he shall have offered to submit his claim to such reference; and that in case any suit shall be commenced without such offer, the claim shall be released and discharged, and the company exempted from all liability under it: Held, such stipulations are void: Stephenson v. Piscataqua F. and M. Ins. Co., 54 Me." Such a policy, causing " S. & Co. to be insured, for whom it concerns, in the sum of 8700, on schooner 'Arbutus, ' of," &c, " at and from," &c., "the above to cover their claim for supplies furnished said vessel: " Held, 1. That the policy does not apply to the supplies only; and 2. That any conversation between the owner and the plaintiffs tending to show authority from the former to the latter to take out this policy is admissible: Id. And when the policy provides that the defendant company is, in ease of prior insurance, answerable only for so much as the amount of such prior insurance may be deficient towards fully covering the property at risk: Held, that the jury, if they found for the plaintiffs, should ascertain the value of the schooner at the time of the loss; and if they should find the whole amount of insurance did not exceed such value, and the loss a total loss, they might assess as damages the amount insured by the defendants, with interest from the time it was payable: Id. In case of a sale from necessity by the master, the salvage belongs to the insurers; and the assured is entitled to recover the full amount of his claim, irrespective of the amount of salvage received by the insurers: Id. An alleged copy of a survey, not made by...