Brewer v. Union Insurance

12 Mass. 169

• Court: Massachusetts Supreme Judicial Court
• Decided: March 15, 1815
• Status: Published

Opinion

Curia.

We consider this case as coming directly within the principles laid down in the case of Richardson & al. vs. The Maine Fire and Marine Insurance Company.

(1)

The offer to abandon was not founded on any loss, technical or absolute. There was no application of hostile force, to prevent the sailing of the ship ; and, although her sailing would have been attended with imminent risk, yet, if that risk would authorize an abandonment, the fear of capture would become a peril insured against, contrary to the decision before referred to. This is certainly a very strong case ; but we cannot make new and nice distinctions. AH the cases relied upon by the plaintiff’s counsel were considered b) the Court, when they established the principle, that fear of a peril however well grounded, will not justify an abandonment.†

Judgment according to the verdict.

6 Mass. Rep. 102.

Sed queere, et vide Oliver vs. The Union Insurance Company, 3 Wheat. 133. — Saltus vs. The United States Insurance Company, 15 Johns. 526. — Smith vs. Universa. Insurance Company, 6 Wheat. 186, and note to Shapley vs. Tappan, 9 Mass. Rep. 27.