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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 9 of about 9,214 results (0.096 seconds)

May 13 1912 (FN)

Philadelphia, B. and W. R. Co. Vs. Schubert

Court : US Supreme Court

..... the alleged defects of a particular scheme may be permitted to determine the validity of the statute, which is general in its application. . . . its provision that contracts of insurance, relief benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute was incidental to the regulation it was intended to enforce. assuming the right of enforcement ..... 2071 of the code of iowa. this section, in the cases within its purview, abrogated the fellow servant rule, and the amendment provided: "nor shall any contract of insurance, relief benefit, or indemnity in case of injury or death, entered into prior to the injury between the person so injured and such corporation or any other person or association acting for ..... , the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance, relief benefit, or indemnity, as well as in other agreements. . . . it does not aid the argument to describe the defense as ..... 215 u. s. 87 , 215 u. s. 97 -98), contained explicit provision that such a contract or the acceptance of benefits thereunder should not defeat the action. section 3 of that act was as follows: "that no contract of employment, insurance, relief benefit, or indemnity for injury or death, entered into by or on behalf of any employee, nor the acceptance of .....

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Apr 12 1954 (FN)

Maryland Casualty Co. Vs. Cushing

Court : US Supreme Court

..... limited liability, and the language of that opinion is an illuminating guide here: "now, to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such an ..... the state, in the interest of the public, whose lives and limbs are exposed, to require that the owner in the contract indemnifying him against any recovery from him should stipulate with the insurance company that the indemnity by which he saves himself should certainly inure to the benefit of the person who thereafter is injured." merchants' mutual automobile liability ..... the liability, if any, of the petitioners on their policies in the direct actions could be determined. [ footnote 2/1 ] the business practice of purchasing marine protection and indemnity insurance, the type primarily involved here, to protect the shipowner against this contingency has long been recognized. see testimony of ira a. campbell for american steamship owners' association at hearings ..... had filed in the limitation proceeding pleadings challenging the shipowner's and charterer's right to limit their liability and asserting claims for damages. [ footnote 3 ] the protection and indemnity policy issued by the home insurance company contained the following clauses. "it is agreed that, if the assured, as shipowners, shall have become liable to pay, and shall have .....

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1859

Refeld Vs. Woodfolk

Court : US Supreme Court

..... . & c. 309, the master of the rolls, upon the authority of the cases cited, said: "parties no doubt may contract for a covenant of indemnity, but if they do not, the court cannot compel a party to execute a conveyance and to give an indemnity." to the same effect is ridgway v. gray, 1 mac. & g. 109. the appellee does not seek to ..... rescind this contract, nor does he disclose any imminent peril of disturbance or eviction as the effect of the existence of the mortgage. the record ..... . barnes, 3 mad. 247. but there were conditions in the contract that authorized the order. in balmorno v. lumley, 1 v. & b. 224, and paton v. brebner, 1 ..... an order that the purchaser should be compensated for the difference in the value between the title contracted for and that exhibited, and if that difference could not be ascertained, the master was directed to settle the security to be given by the defendant as indemnity to the purchaser against disturbance or eviction, and a similar order was made in walker v .....

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May 10 1886 (FN)

The City of Norwich

Court : US Supreme Court

..... them to the loss of their investment. now to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such ..... indisputable truth which ought thenceforth to govern all indemnities of insurance. thus it is, for example, that m. pardessus, speaking of this question in relation to maritime credits, comes back for its solution ..... . he says: "doctrine and jurisprudence, after some hesitation, pronounced themselves, as is well known, against the existence of a privilege or hypothecation on the indemnity due from the insurer, and in that way the general principle which emerigon had adopted as the basis of his theory penetrated men's minds as an ..... loss of his vessel, and that the parties who have suffered loss from the collision by the fault of his employees should get nothing for their indemnity. this mode of contrasting the condition of the parties is fallacious. if the ship owner is indemnified against loss, it is because he has seen ..... he has already by virtue of his ownership. if it were not for a rule of public policy against wagers, requiring insurance to be for indemnity merely, he could just as well take out insurance on another's property as on his own, and it is manifest that this would give him .....

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Apr 09 1934 (FN)

Hartford Acc. and Indem. Co. Vs. Delta and Pine Land Co.

Court : US Supreme Court

..... , loss or injury of something in which the assured or other party has an interest, as an indemnity therefor, and it shall be unlawful for any company to make any contract of insurance upon, or concerning any property or interest or lives in this state, or with any ..... state supreme court said: "but clearly, under 5131, code 1930, defining insurance, this indemnity bond is a contract of insurance within the purview of that statute; and, further, it being expressly provided therein that all contracts of insurance on property, lives, or interests in this state shall be deemed to ..... of mississippi by delta & pine land company, a corporation of that state, with its principal place of business therein, against hartford accident & indemnity company, a corporation of connecticut, having its principal place of business in hartford in that state. the declaration alleges that, on or about january ..... company in an action on an indemnity bond. mr. justice roberts delivered the ..... contracts of the forum, regardless of the relative importance of the interests of the forum as contrasted with those created at the place of the contract, conflicts with the guaranties of the fourteenth amendment. p. 292 u. s. 150 . 169 miss. 196 reversed. appeal from a judgment sustaining a recovery from the indemnity .....

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Jan 16 1868 (FN)

Orient Ins. Co. Vs. Daggs

Court : US Supreme Court

..... law." the statement is broad, and counsel in making it ignores many things. the statute tends to assure, not to detract from, the indemnity of the contracts, and, if elements of chance or speculation intrude, it will be on account of carelessness or fraud. it is admitted that the effect of ..... conclusive presumption of fact. page 172 u. s. 565 the right claimed is to make contracts of insurance. the essence of these, it is said, is indemnity, and that the statute converts them into wager policies -- into contracts (to quote counsel) having for their bases speculation and profit, "contrary to the course ..... , conclusive presumption and proof to establish and force a result against property or liberty. the statute is not subject to the condemnation that it regulates contracts made or rights acquired prior to its enactment, and we may repeat the language of mr. justice field in railway co. v. mackey that ..... contrary to the constitution of the united states, and are null and void." "that the defendant has the constitutional right to limit its liability by contract to actual damages caused by fire." to this answer, the plaintiff and assured filed a demurrer, which demurrer the court sustained, and, the defendant ..... the change is from one kind of indemnity policy to another kind -- from open policies to valued policies -- both of which are sanctioned by the practice and law of insurance, and this change is the only compulsion of the law. it makes no contract for the parties. in this it permits .....

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Feb 20 1911 (FN)

Chicago, Burlington and Quincy R. Co. Vs. Mcguire

Court : US Supreme Court

..... agreements of absolute waiver. the policy of the amendatory act was the same as that page 219 u. s. 572 of the original statute. its provision that contracts of insurance relief, benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute, was incidental to the regulation it was intended to enforce. assuming the right ..... use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding." the amendment of 1898 added the following provision: "nor shall any contract of insurance relief, benefit or indemnity in case of injury or death entered into prior to the injury between the person so injured ..... contract for insurance relief should limit the liability for damages, upon what ground can it be said that it was beyond the legislative ..... of enforcement, the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance relief, benefit or indemnity, as well as in other agreements. but if the legislature could specifically provide that no .....

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Apr 26 1977 (FN)

United States Vs. Consumer Life Ins. Co.

Court : US Supreme Court

..... consent, once given, may not be rescinded except with the approval of the secretary or his delegate." "(b) definition of modified coinsurance contract." "for purposes of this section, the term 'modified coinsurance contract' means an indemnity reinsurance contract under the terms of which -- " "(1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another ..... from the one presented here, is simply unintelligible if congress thought that 801 embodied an unvarying rule that reserves follow the risk. a conventional coinsurance contract is a particular form of indemnity reinsurance. [ footnote 28 ] the reinsurer agrees to reimburse the ceding company for a stated portion of obligations arising out of the covered policies. ..... 11). the difference in computation methods is not material for present purposes. [ footnote 7 ] each was an indemnity reinsurance treaty, obligating the reinsurer to reimburse the ceding company for its share of losses. such treaties constitute contracts between the companies only; the policyholders are not involved, and usually remain unaware that part or all of the ..... companies to invest the dollars, and, under the treaties, they kept all resulting investment income. nor were they mere "paymasters," as the government contends, for indemnity reinsurance of this type does not relieve the ceding company of its responsibility to policyholders. had the taxpayers become insolvent, the insurer still would have been obligated to .....

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Jan 18 1943 (FN)

Brady Vs. Roosevelt Steamship Co.

Court : US Supreme Court

..... , his only shield is a constitutional rule of law that exonerates him." furthermore, if the united states were to become the real party in interest by reason of a contract for exoneration or indemnity, a basic alteration in that concept ( minnesota v. hitchcock, 185 u. s. 373 , 185 u. s. 387 ) would be made not pursuant to a congressional policy, [ footnote 4 ..... would be a matter of favor, not of right, in many cases. for, apart from any express contract, the agent's right of exoneration or indemnity has not been thought to extend to situations where his liability was based on his own fault. 4 williston, contracts (1936 ed.) 1026. hence, we cannot conclude that in all cases where a private operator of a ..... a vessel owned by the united states maritime commission, and which the corporation operates under a contract made pursuant to 707(c) of the merchant marine act of 1936, even though the contract may give to the corporation in such case a right of exoneration or indemnity against the commission. fleet corporation v. lustgarten, 280 u. s. 320 , overruled pro tanto. pp. 317 ..... ] but by reason of concessions made by contracting officers of the government. such a change would be detrimental to the interests of private claimants, as we have said, since it would subtract from the legal remedies which the law has afforded them. beyond that, it would make the existence of a right to exoneration or indemnity a jurisdictional fact. that could hardly .....

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1881

Chicago and Northwestern Railway Company Vs. United States

Court : US Supreme Court

..... postmaster general would be authorized to discontinue the entire service contemplated by the contract, and the practical effect of that would be to terminate the contract itself on making the indemnity specified. but in that event, the contract being at an end, the company would no longer be under any ..... best, for discontinuing entirely, the described service, and provided for a proportionate reduction of the stipulated compensation. in no other mode could the contract be changed except by the mutual assent of the parties. any change attempted by either otherwise would have been merely a breach of the ..... case, and the ninth clause in the contracts is referred to as containing such a reservation. clearly this confers power upon the postmaster general to discontinue or curtail the service in whole or in part, he allowing, as an indemnity to the contractor, a month's extra ..... obligation except that imposed by the original conditions accepted with page 104 u. s. 685 the land grants, and the government could rightfully impose upon it no others. there is therefore, in the contract ..... pay on the amount of service dispensed with and a pro rata compensation for that retained and continued. but this is not a power to reduce the compensation for the full service performed or to alter the terms of the contract. .....

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