Merchants Marine Ins. Co. v. Barss

Merchants Marine Ins. Co. v. Barss

Because the policy was issued "for whom it may concern," the plaintiffs who had an insurable interest that the agent represented could recover; the agent had authority to give notice of abandonment; and the evidence supported a finding of constructive total loss, the verdict for the plaintiffs was upheld and the...

Source-derived case information.

Citation
(1888) 15 SCR 185
Parties
Appellant / Defendant: Merchants Marine Insurance Co.; Respondent / Plaintiff: Howard Barss; Respondent / Plaintiff: LeBaron Vaughan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 June 1888
Procedural Posture
Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick
Outcome
Appeal dismissed with costs.
Legal Topics
Insurable Interest, Notice of Abandonment, Authority of Agent, Constructive Total Loss, Policy "for Whom It May Concern"
Source Language
english
Marine Insurance Insurance Law Agency Law Insurable Interest Notice of Abandonment Authority of Agent Constructive Total Loss Policy "for Whom It May Concern"

Source-derived case record

Summary, issues, holding and outcome

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Parties

Merchants Marine Insurance Co.

Appellant / Defendant

Howard Barss

Respondent / Plaintiff

LeBaron Vaughan

Respondent / Plaintiff

Procedural Posture

Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether an agent may insure shares of other owners without disclosing those interests when the policy is issued to the agent "for whom it may concern"
  2. 2 Whether an agent acting under authority to effect insurance may give notice of abandonment without separate or special authority
  3. 3 Whether there was sufficient evidence of a constructive total loss

Ratio Decidendi

Because the policy was issued "for whom it may concern," the plaintiffs who had an insurable interest that the agent represented could recover; the agent had authority to give notice of abandonment; and the evidence supported a finding of constructive total loss, the verdict for the plaintiffs was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.