Queen Ins. Co. v. Globe & Rutgers Fire Ins. Co., 263 U.S. 487 (1924)

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Queen Insurance Company v.

Globe & Rutgers Fire Insurance Company
No. 116

Argued December 6, 1923
Decided January 7, 1924
263 U.S. 487

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Clauses in a marine insurance policy excepting, "all consequences of hostilities or warlike operations," and in a war risk insurance policy insuring against acts "authorized by and in prosecution of hostilities," should be construed narrowly as applicable only where war-like acts or operations are the proximate cause of a loss. P. 492

2. There are special reasons for construing such policies in harmony with the marine insurance law of England. P. 493.

3. Where the cargo lost was all contraband, shipped in an Italian steamship from this country to Italy during the late war, and consisted in part of supplies and munitions for the Italian government, and where the loss occurred while the vessel was in a convoy sailing with screened lights, protected by British, Italian, and American war vessels and subject to the command of a naval officer, and resulted from a collision with a British steamship in another convoy similarly commanded which met the first one in the dark, held that the loss was not attributable to war-like operations within the meaning of the above exception. P. 491.

282 F. 976 affirmed.

Certiorari to a decree of the circuit court of appeals affirming a decree of the district court which dismissed a libel upon an insurance policy.