Fidelity & Deposit Co. v. Pink, 302 U.S. 224 (1937)

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Fidelity & Deposit Co. v. Pink

No. 38

Argued November 17, 18, 1937
Decided December 6, 1937
302 U.S. 224

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Standard form of reinsurance contract, providing for insurance "against loss" and requiring reinsurer to pay its share of any loss under the original insurance, and of costs &c.

upon proof of the payment of such items by the reinsured, and upon delivery to the reinsurer of copies of all essential documents concerned with such loss and costs and the payment thereof,

held to make payment of loss by reinsured a condition precedent to reinsurer’s liability. Allemannia Insurance Co. v. Fireman’s Insurance Co., 209 U.S. 326, distinguished. P. 227.

2. Liability under a contract of reinsurance must be determined upon consideration of the words employed, read in the light of attending circumstances. P. 229.

3. Assumption that change of language in a form of reinsurance contract was intended to impose different liability from that imposed by an earlier form as construed by a decision of this Court. P. 230.

88 F.2d 630 reversed.

Certiorari, 301 U.S. 678, to review the affirmance of a judgment of the District Court, 15 F.Supp. 715, in favor of the present respondent in an action against the petitioner upon a contract of reinsurance.