Greenwich Ins. Co. v. Providence & Stonington S.S. Co.
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119 U.S. 481 (1886)
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U.S. Supreme Court
Greenwich Ins. Co. v. Providence & Stonington S.S. Co., 119 U.S. 481 (1886)
Greenwich Insurance Company v. Providence & Stonington Steamship Company
Submitted November 3, 1886
Decided December 20, 1886
119 U.S. 481
A policy of marine insurance was effected April 5th for a term of six months, with this agreement written in the margin:
"This policy to continue in force from the date of expiration until notice is given this company of its discontinuance, the assured to pay for such privilege pro rata for the time used."
On the 9th October following, the assured sent to the insurer a check for $66.67 with a letter stating that it was "one monthly premium from Oct. 5 to Nov. 5" on the insurance "as specified in the policy." No other notice was given to the insurer before the loss, which happened November 6th. Held that the payment was not notice to discontinue the policy, nor an election to have it continued in force for the additional month and no longer, but that the policy continued in force by its own terms until the assured should give notice of its discontinuance.
This was an action on a policy of marine insurance. Judgment below for plaintiff. Defendant sued out this writ of error. The case is stated in the opinion of the Court.