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| M'CALL. v. THE MARINE INSURANCE COMPANY
12 U.S. 59 (1814) 8 Cranch 59
PROCEDURAL POSTURE: Plaintiff sought review of a decision of the Circuit Court for the District of Maryland holding that plaintiff was not entitled to abandon as for a total loss of its ship and voyage against defendant underwriter.
OVERVIEW: Plaintiff sought review of a decision of the lower court holding that plaintiff was not entitled to abandon as for a total loss against defendant underwriter. The Court affirmed the order and held that the loss of the voyage was occasioned by the lawful arrest and restraint of a blockading squadron and thus was not covered under plaintiff's policy with defendant because defendant did not engage to indemnify plaintiff for such loss. Plaintiff violated the law when its ship entered the lawful blockade, and thus its property was subject to the penalty of confiscation. The Court further held that according to the policy defendant only agreed to indemnify against unlawful restraints and detrainments.
OUTCOME: The U.S. Supreme Court affirmed and held that plaintiff was not entitled to recover from defendant because the loss of voyage was a result of a lawful arrest and such loss was exempt from coverage under the policy. Plaintiff's entering a neutral blockade was unlawful; and, thus, its property was lawfully confiscated.
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