United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wager v. Providence Ins. Co., 150 U.S. 99 (1893)

Wager v. Providence Insurance Company

Nos. 41, 49

Argued October 18, 1893

Decided November 6, 1893

50 U.S. 99

Syllabus

Where a bill of lading provides that in case of loss, the carrier, if liable for the loss, shall have the benefit of any insurance that may have been effected in the goods, this provision limits the right of subrogation of the insurer to recover over against the carrier upon paying to the shipper the loss.

Where the carrier is actually and in terms the party assured, the underwriter

Page 150 U. S. 100

can have no right to recover over against the carrier, even if the amount of the policy has been paid by the insurance company to the owner, on the order of the carrier.

The claim of the master of the vessel through whose loss the loss of the goods insured took place to exemption from liability to the insurance companies having been adjudicated against him, and the appeal to this Court on that judgment having been dismissed for want of jurisdiction, he is estopped from again setting up that claim in this case.

The case is stated in the opinion.