German Savings & Loan Society v. Commercial Union Assur. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. Action by the German Savings & Loan Society against the Commercial Union Assurance Company, Limited, of London, England. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WOLVERTON, District Judge.
This is an action to recover for fire loss under a policy of insurance. The policy contained a stipulation as follows:
“This company shall not he liable for loss caused directly or indirectly by * * * earthquake, * * * or (unless fire ensues and, in that event, for the damages by fire only) by explosion of any kind.”
The defense is that the fire was caused either directly or indirectly by earthquake. The property was situated on the north side of California street, between Montgomery and Kearny streets, in the city of San Francisco. The bill of exceptions recites as…
2Cases cited6 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- The G. R. BoothSupreme Court of the United States · 1898
- American Steam Boiler Insurance v. Chicago Sugar Refining Co.Court of Appeals for the Seventh Circuit · 1892
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3Cited by5 opinions
- Fogarty v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1935
- Dixie Pine Products Co. v. Maryland Casualty Co.Court of Appeals for the Fifth Circuit · 1943
- Providence Washington Ins. Co. v. CooperCourt of Appeals of Texas · 1949
- Fogarty v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1936
- Dixie Pine Products Co. v. Maryland Casualty Co.Court of Appeals for the Fifth Circuit · 1943