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Calmar Steamship Corp. v. Scott, 345 U.S. 427 (1953)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Calmar Steamship Corp. v. Scott, 345 U.S. 427 (1953)
Calmar Steamship Corp. v. Scott No. 303 Argued January 15, 1953 Decided April 27, 1953 345 U.S. 427
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner chartered a vessel to the United States for a voyage in the winter of 1941-42 to a port or ports in the Philippines and return, and British underwriters issued a policy of war risk insurance on the vessel for the voyage. After the voyage had commenced, Australia was duly substituted for the Philippines as the outbound destination. In Australia, the vessel was requisitioned by Allied authorities and employed for military purposes. It was damaged by enemy aircraft and abandoned. A warranty in the policy provided:
[F]ree of claims arising from [British or Allied] Capture [or] . . . Requisition . . . but, unless the insured vessel is condemned, this warranty shall not exclude losses . . . caused by . . . implements of war. . . .
Held: This policy insured against the loss in this case, and it was in force when that loss occurred, since no explicit decision had been reached by the requisitioning authorities to prevent the vessel from completing, within a reasonable time, the voyage for which the insurance was issued. Pp. 428-444.
197 F.2d 795, judgment vacated and cause remanded.
In a suit in admiralty to recover upon a policy of war risk insurance issued to cover a voyage by petitioner’s vessel, the District Court held the underwriters liable. 103 F.Supp. 243. The Court of Appeals reversed. 197 F.2d 795. This Court granted certiorari. 344 U.S. 853. Judgment of the Court of Appeals vacated and cause remanded to that court, p. 444.
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Chicago: U.S. Supreme Court, "Syllabus," Calmar Steamship Corp. v. Scott, 345 U.S. 427 (1953) in 345 U.S. 427 345 U.S. 428. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=6XBIM43D6KS1I7H.
MLA: U.S. Supreme Court. "Syllabus." Calmar Steamship Corp. v. Scott, 345 U.S. 427 (1953), in 345 U.S. 427, page 345 U.S. 428. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6XBIM43D6KS1I7H.
Harvard: U.S. Supreme Court, 'Syllabus' in Calmar Steamship Corp. v. Scott, 345 U.S. 427 (1953). cited in 1953, 345 U.S. 427, pp.345 U.S. 428. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=6XBIM43D6KS1I7H.
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