Christie v North British Insurance Company
| Jurisdiction | Scotland |
| Court | Court of Session (Inner House - Second Division) |
| Judge | Ld. Robertson. M'K. |
| Judgment Date | 10 February 1825 |
| Date | 10 February 1825 |
| Docket Number | No. 359. |
Ld. Robertson. M'K.
Insurance.—
A Wire-Mill, the property of the late John Stead, having heen destroyed by fire on the 80th of May 1811, he raised the present action (afterwards carried on by Christie, &c. as executors qua creditors) against the North British Insurance Company, founding on an alleged contract of insurance, and concluding for payment of a share of loss proportioned to the amount alleged to have been insured with them on the premises. No policy had been delivered; but the pursuers averred, and offered to prove, 1. That Stead, having resolved to effect an insurance on his wire-mill to the extent of L. 5000, applied to the Phœnix Insurance Company (a London office, conducted by an agent in Edinburgh) to take the risk to the extent of L. 2000; that the risk not being one for which there is a known rate of premium, the determination of the amount was referred to the directors in London; and that he also applied to the North British Insurance Company (an Edinburgh office) to take the remaming L. 3000; and delivered an order for insuring the wire-mill to that extent, to the secretary of the office. 2. That the secretary agreed to take the L. 3000 at the same premium which should be fixed by the Phœnix, and to make out...
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