British America Assur. Co. v. Colorado & S. Ry. Co.

• Decision Date: 06 May 1912
• Citation: 52 Colo. 589,125 P. 1135
• Parties: BRITISH AMERICA ASSUR. CO. v. COLORADO & S. RY. CO.
• Court: Colorado Supreme Court

125 P. 1135

52 Colo. 589

BRITISH AMERICA ASSUR. CO. v. COLORADO & S. RY. CO.

Supreme Court of Colorado

May 6, 1912

Dissenting opinion. For majority opinion, see 125 P. 508.

WHITE. J. (dissenting).

When the legislative act of 1903 became effective, no loss had occurred under the insurance policy. Therefore I think no right had accrued that could be the subject of assignment under the terms of the policy. To that portion of the opinion holding otherwise I dissent, and am of the opinion that the antisubrogation clause of the legislative act of 1903 is involved in a proper determination of the controversy, and its constitutionality should be determined herein.