Insurance Co. v. Fogarty

Citations

• 86 U.S. 640
• 22 L. Ed. 216
• 19 Wall. 640
• 1873 U.S. LEXIS 1476

Syllabus

<p>1. The cases in reference to the line of distinction between a total and a partial marine loss examined, and the principle announced that it is not necessary, to a total loss that there should be an absolute extinction or destruction of the thing insured, so that nothing of it can be delivered at the point of destination.</p> <p>2. A destruction in specie, so that while some of its component elements or parts may remain, while the thing which was insured, in the character or description by which it was insured, is destroyed, is a total loss.</p> <p>3. Hence, where machinery was insured, to wit, the parts of a sugar-packing machine, and no part of the same was delivered in a condition capable of use, it is a total loss, though more than half the pieces in number and value may be delivered, and- would have some value as old iron.</p>