Hugo Black

Name: Standard Oil Company of New Jersey v. United States (340 U.S. 54) — Opinion of the Court
Author: Hugo Black

Standard Oil Company of New Jersey v…

Summary

“Standard Oil Company of New Jersey v. United States (340 U.S. 54) — Opinion of the Court”, is a work by Hugo Black. It explores elements such as collision, insurance and war risk.

Quotes from Standard Oil Company of New Jersey v… (Hugo Black)

Hugo Black, Standard Oil Company of New Jersey v…

“ Therefore the subtleties and sophistries of tort liability for negligence are not to be applied in construing the covenants of a policy. It is one thing for the law to impose liability by its own notions of responsibility, and quite another to construe the scope of engagements brought and paid for. The law of marine insurance is concerned with and reflects the practicalities of commercial dealings. The law does not play an unreal metaphysical game of trying to find a single isolatable factor as the sole responsibility to which is to be attributed a loss against which insurance has been bought. ”

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Source: Wikisource

Hugo Black, Standard Oil Company of New Jersey v…

“ For those insured and those insuring cannot predict with certainty what a trier of fact might decide is the predominant cause of loss. But neither could they predict with certainty what particular state of facts might cause a court to discover liability 'as a matter of law.' Long experience with the proximate cause method in American and English courts has at least proven it adaptable and useful in marine and other insurance cases. There is no reason to believe that its application in this case will disappoint the just expectations of insurer or insured. ”

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Source: Wikisource

Hugo Black, Standard Oil Company of New Jersey v…

“ A warlike operation does not lose its warlike character because it is carried out negligently.
The only question before the Court is whether the collision was a 'consequence' of the warlike operation, or, in the jargon of insurance cases, whether the warlike operation was the 'proximate cause' of the collision. 'Proximate cause,' as a requirement of liability under an insurance policy, is not a technical legal conception but a convenient tag for the law's response to good sense. ”

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Source: Wikisource

Hugo Black, Standard Oil Company of New Jersey v…

“ Losses from collisions are prima facie perils of the sea covered by standard marine risk policies. [4] To take such a loss out of the marine policy and to bring it within the coverage of the provision insuring against 'all consequences of' warlike operations, common sense dictates that there must be some causal relationship between the warlike operation and the collision. Courts have long so held in interpreting what was meant by use of the phrase 'all consequences' in war risk policies. ”

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Source: Wikisource

Hugo Black, Standard Oil Company of New Jersey v…

“ The Government makes a second contention; that its war-risk undertaking did not extend to collision liability. Since the only loss to Standard was a liability for damage to the other ship, this argument would relieve the Government of its liability as insurer. The contention finds support in Adelaide S.S.C.o. v. Attorney-General (The Second Warilda) , (1926) A.C. 172. But subsequent changes in the wording of the policy make it perfectly plain that the United States insured against collision liability. ”

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Source: Wikisource

Hugo Black, Standard Oil Company of New Jersey v…

“ It is only natural that American courts have looked to the English cases for illumination just as courts look to the decisions of another State for aid in determining the meaning of a statute adopted from that State. ”

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Source: Wikisource

Hugo Black, Standard Oil Company of New Jersey v…

“ War risk insurance covers losses due to perils superimposed on usual marine perils by war. As Lord Wrenbury put it, 'The question is whether the loss was occasioned by a new risk arising by reason of warlike operations.' Attorney-General v. ”

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Source: Wikisource

Hugo Black, Standard Oil Company of New Jersey v…

“ Minister of War Transport (1942) A.C. 691.↑ E.g., Clan Line Steamers v. Board of Trade (1929) A.C. 514; Liverpool & London War Risks Ass'n v. Ocean S.S.C.o. (1948) A.C. 243.↑ Yorkshire Dale S.S.C.o. v. ”

Hugo Black

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Quotes from Standard Oil Company of New Jersey v… (Hugo Black)

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