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ROYAL INSURANCE CO. V. MARTIN, 192 U. S. 149 (1904)

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U.S. Supreme Court

Royal Insurance Co. v. Martin, 192 U.S. 149 (1904)

Royal Insurance Company v. Martin

No. 86

Argued December 8-9, 1903

Decided January 11, 1904

192 U.S. 149

Syllabus

This Court has jurisdiction to review, on writ of error, a final decision of the Supreme Court of Porto Rico, where the value or sum in dispute exceeds $5000, exclusive of costs. The Circuit Court of Appeals Act of 1891 does not apply to such a case.

Where a policy of insurance excepts loss happening during invasion, rebellion, etc., unless satisfactory proof be made that it was occasioned by independent causes, a notice by the company, without demanding proof, that it will not pay the loss because it was occasioned by one of the excepted causes amounts to a waiver, and relieves the insured from producing such proofs before commencing suit, and how the loss was occasioned is for the jury to determine.

Where a policy for separate specified amounts on a building and goods contained in it provides that it shall cease to be in force as to any property passing from the insured otherwise than by due process of law without notice to, and endorsement by, the company, a transfer of all the goods by the insured to a firm of which he is a silent partner, the active partners having possession and control, is such an alienation as will avoid the policy in respect to the goods, but not as to the building separately insured. chanrobles.com-red

Page 192 U. S. 150

The facts are stated in the opinion. chanrobles.com-red

Page 192 U. S. 155


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