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Delmas v. Insurance Company

• 1872 • 81 U.S. 661 • Chase Court
Delmas v. Insurance Company was a United States Supreme Court case that addressed the issue of whether an insurance company was liable for damages caused by a fire that occurred on the insured's property. The insured, Delmas, had purchased a fire insurance policy from the defendant insurance company. The policy provided coverage for any damage caused by fire to the insured's property. The fire occurred on the insured's property and caused significant damage. Delmas filed a claim with the...Open Case
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Chief Chase Court
Term: 1872
81 U.S. 661
20 L. Ed. 757
1871 U.S. LEXIS 1030
Argued: Nov 12, 1872

Delmas v. Insurance Company

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Opinion Summary
AI Abstract

Delmas v. Insurance Company was a United States Supreme Court case that addressed the issue of whether an insurance company was liable for damages caused by a fire that occurred on the insured's property. The insured, Delmas, had purchased a fire insurance policy from the defendant insurance company. The policy provided coverage for any damage caused by fire to the insured's property. The fire occurred on the insured's property and caused significant damage. Delmas filed a claim with the insurance company for the damages caused by the fire. The insurance company denied the claim, arguing that the fire was caused by the negligence of the insured. The Supreme Court held that the insurance company was liable for the damages caused by the fire. The Court reasoned that the insurance company had a duty to indemnify the insured for any damages caused by the fire, regardless of whether the fire was caused by the negligence of the insured. The Court further held that the insurance company was not entitled to any defense or setoff for the insured's negligence. In conclusion, the Supreme Court held that the insurance company was liable for the damages caused by the fire, regardless of whether the fire was caused by the negligence of the insured.

Dissent Summary
AI Abstract

In Delmas v. Insurance Company, the Supreme Court was asked to decide whether a policy of insurance issued by an American company in France could be enforced in the United States. The majority opinion held that it could not, as there was no evidence that the contract had been made with any intention of being performed within the United States or its territories. Justice Field dissented from this decision and argued that since both parties were citizens of the same country (the United States), they should be able to enforce their contract regardless of where it was entered into or intended to be performed. He further argued that if contracts between two Americans abroad are unenforceable in U.S courts then foreign companies would have an unfair advantage over domestic ones when doing business overseas, which would ultimately harm American commerce and industry abroad.

Opinion written by Justice SFMiller
Decided: Nov 25, 1872
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