Nichols & Co. v. Sun Mutual Insurance
Mississippi Supreme Court
From the circuit court of Tunica county. TIon. R. W. Williamson, Judge. Action by appellants against appellee on a fire insurance policy covering a stock of merchandise in a certain building in the town of Robinsonville, Tunica county, Miss.
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From the circuit court of Tunica county. TIon. R. W. Williamson, Judge. Action by appellants against appellee on a fire insurance policy covering a stock of merchandise in a certain building in the town of Robinsonville, Tunica county, Miss. The declaration averred that the building was sound and well constructed, able to withstand all ordinary storms and cyclones, but that it was struck by a cyclone of great and unprecedented force, and . thrown prone upon the ground, and that less than five seconds thereafter it took fire from lamps which were therein lighted and burning, and that such fire…
1Opinion of the CourtCampbell, C. J.
The judgment is right. The stipulation of the policy is unmistakable, to the effect that if a building fall, except as the result of fire, insurance was immediately to cease. The building fell, not as the result of fire, and fire broke out as the result of the fall of the building. Therefore, the insurer was not liable for the loss. “ The fire did not produce the fall, but the fall produced the fire, and the destruction was by the former,” etc. 2 May on Insurance, § 412; Ostrander on Fire Insurance, § 248; Wood on Fire Insurance, § 85; Insurance Co. v. Congregation, 80 Ill., 558; Insurance…
2Cases cited2 opinions
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Fireman's Fund Insurance v. Congregation Rodeph SholomIllinois Supreme Court · 1875
3Cited by1 opinion
- Nalley v. Hanover Fire InsuranceCourt of Appeals of Georgia · 1937