Swan v. The Union Insurance Company of Maryland/Opinion of the Court
The general principle unquestionably is, that to entitle the plaintiff to recover, the loss must be occasioned by one of the perils in the policy. This is equally the rule of reason and the rule of law. But the plaintiff contends that the case of Vallejo v. Wheeler denies the application of this principle to a loss in a case in which barratry has been committed. This court is not of that opinion. The case of Vallejo v. Wheeler declares it to be immaterial whether the loss occurred during the continuance of the barratry, or afterwards, not whether the loss was produced by the barratry. In that case the court was of opinion that the loss was produced by the barratry.
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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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