Stone v. Insurance Co. of North America

Citations

• 56 Wash. 427
• 105 P. 856
• 1909 Wash. LEXIS 918

Syllabus

<p>Pleading — Answer—Affirmative Defense — Sufficiency. A so-called affirmative defense reiterating facts appearing on the face of the complaint, and challenging their legal sufficiency, is properly stricken as presenting no issue.</p> <p>Pleading — Amendment—Allowance. It is not error to refuse to permit the filing of an amended answer contradicting an admission in the original answer, unless good cause is shown for the change.</p> <p>Insurance — Marine Insurance — Policy—Construction. A general contract of insurance of shipments by rail within the limits of the United States and Canada, and shipments by steamers navigating coastwise and inland waters of the United States, covers a shipment from San Francisco to Bellingham and Seattle, by a steamer driven from her course by stress of weather while navigating such waters, and lost by perils of the sea, although the ship .intended to stop en route at Victoria, a foreign port; since the policy was manifestly intended to cover losses occurring in certain well defined geographical limits.</p>