United States Supreme Court Cases & Opinions

U.S. Supreme Court

General Interest Insurance Company v. Ruggles, 25 U.S. 12 Wheat. 408 408 (1827)

General Interest Insurance Company v. Ruggles

25 U.S. (12 Wheat.) 408

ERROR TO THE CIRCUIT COURT FOR

THE DISTRICT OF MASSACHUSETTS

Where an insurance was effected after a loss had happened, though unknown to the assured, the master having omitted to communicate information to the owner and having expressed his intention not to write to the owner, and taken measures to prevent the fact of the loss' being known for the avowed purpose of enabling the owner to effect insurance, in consequence of which information of the loss had not reached the parties at the time the policy was underwritten. held that the owner, having acted with good faith, was not precluded from a recovery upon the policy on account of the fraudulent misconduct of the master.

Page 25 U. S. 409

MR. JUSTICE THOMPSON delivered the opinion of the Court.

This is an action on a policy of insurance bearing date 9 February, 1824, for $3,000 on the sloop Harriet, lost or not lost, at and from Newport, Rhode Island, to, at, and from all ports and places to which she may proceed in the United States during the term of six months beginning 12 January, 1824. And also $600 property on board said sloop at and from Newport to Charleston or Savannah or both. The sloop, whilst proceeding on her voyage and within the term of six months, to-wit, on 19 January, was wrecked on Cape Hatteras and both vessel and cargo wholly lost. An abandonment was in due time made and a total loss claimed.