# Indemnity Ins. of North America v. Dow

> Court of Appeals for the Sixth Circuit · April 8, 1949 · 174 F.2d 168

URL: https://www.frixlaw.com/law-library/cases/6902980

## Case

- **Full name:** INDEMNITY INS. CO. OF NORTH AMERICA v. DOW
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** April 8, 1949
- **Citations:** 174 F.2d 168; 1949 U.S. App. LEXIS 2177
- **Precedential status:** Published
- **Opinion:** Dissent by Simons
- **Judges:** McAllister, Simons
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6902980

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6902980. Public record. Not legal advice.