Opinion

Indemnity Ins. of North America v. Dow

  • 174 F.2d 168
  • 1949 U.S. App. LEXIS 2177
Court
Court of Appeals for the Sixth Circuit
Filed
Apr 8, 1949
Status
Published
Author
Simons
On the bench
McAllister, Simons
Cited by
4 cases
Authority
More cited than 16.5%

The opinion

SIMONS, Circuit Judge

(dissenting).

Accepting, as do my colleágues, the definition of “insurable interest” quoted by them from Warnock v. Davis, 104 U.S. 775 , 26 L.Ed. 924 , I believe there must be *171 reasonable grounds to expect some benefit or advantage from the continuance of the life of the assured. I take it that reasonable ground for such expectation means something more than merely a hope. There must be either some experience or some peculiar ability, not possessed by others and demonstrable by evidence that benefit or advantage will flow from association by the beneficiary with the insured, whether the relationship between them be that of partnership or of employer and employee. So believing, I can find no evidence in the record to support the finding of insurable interest. I think the judgment should be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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