Lewis v. Ætna Ins.

Citations

• 123 F. 157
• 1903 U.S. Dist. LEXIS 213

Syllabus

<p>1. Marine Insurance—Action on Policy—Parties.</p> <p>A payee of a marine insurance policy, other than the owner of the vessel, who disclaims any interest, is not a necessary party to an action on the policy by the owner.</p> <p>'2. Same—Loss erom Stranding—Temporary Absence op Master not Unseaworthiness.</p> <p>An exception, in a policy of marine insurance on a vessel, of losses caused by the incompetency of the master or insufficiency of the crew, or other unseaworthiness, does not relieve the insurer from liability for loss or injury by stranding, which was a peril insured against, because the temporary absence of the master who constituted the crew may have been a contributing cause, where such absence was without the fault or knowledge of the owner, who had provided a competent master to render the vessel seaworthy in that respect.</p>