Alliance Insurance v. Producers Cotton Oil Co.

Citations

• 108 Miss. 589
• 67 So. 58

Syllabus

<p>1. Insurance. Marine insurance. Abandonment. Effect of acceptance. Acts constituting an acceptance. Duties of otoner after loss. Provision of policy.</p> <p>The acceptance by an insurer of the abandonment of a vessel covered by his policy precludes him from insisting that she was not damaged or destroyed by reason of a peril insured against, or that she was not either an actual or constructive total loss. It is not necessary for this acceptance to be in express language, but it may result from the conduct of the insurer.</p> <p>2. Marine Insurance. Duties of owner after loss. Provision of policy.</p> <p>Under a policy of Marine Insurance providing that upon loss, insured should endeavor to safeguard and recover the vessel insured, and upon recovery should repair her, and upon insured’s failure to do so, insurer’s repair of the vessel should not be a waiver or acceptance of an abandonment, the insurer was not authorized to raise the vessel and tender her to insured in her wrecked and damaged condition and claim the benefit of suck provision.</p> <p>'3. Marine Insurance. Acceptance of abandonment.</p> <p>An offered abandonment may be accepted even when the assured1, has no right to abandon, and if accepted, it must be with its consequences.</p>