Legal Opinion

American Steam Boiler Insurance v. Chicago Sugar Refining Co.

Court of Appeals for the Seventh Circuit

Decided October 13, 1892No. 34PublishedCited by 7 opinions

In Error to the Circuit Court of the United States for the Northern District of Illinois. Action by the Chicago Sugar Refining Company against the American Steam Boiler Insurance Company upon a policy of 'insurance. Plaintiff obtained judgment. 48 Fed. Rep. 198. Defendant brings error. Statement by BUNN, District Judge.

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In Error to the Circuit Court of the United States for the Northern District of Illinois. Action by the Chicago Sugar Refining Company against the American Steam Boiler Insurance Company upon a policy of 'insurance. Plaintiff obtained judgment. 48 Fed. Rep. 198. Defendant brings error. Statement by BUNN, District Judge. This action is brought upon a policy of insurance issued by the plaintiff in error to the defendant in error on October 18, 188!). The loss for which indemnity was claimed under the policy involved a substantial destruction of the buildings and machinery constituting the sugar…

1Opinion of the CourtBunn, District Judge

The circuit court found as a conclusion that the explosion was the cause of the damage, and gave judgment in favor of the plaintiff, now the defendant in error. Counsel for plaintiff in error contest this conclusion, and, in opposition to it, make two contentions :

First. That if the disaster was caused by an accident in the general sense of that term, it was not such an accident as was insured against by the policy; that the word “accident,” as it occurs in the policy, is used subjectively, the same as the word “explosion,” and only covers accidents in the machinery, due to its own…

2Cases cited5 opinions

  1. Insurance Co. v. BoonSupreme Court of the United States · 1877
  2. Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
  3. Brady v. North Western InsuranceMichigan Supreme Court · 1863
  4. City Fire Insurance v. CorliesNew York Supreme Court · 1839
  5. Millaudon v. New Orleans InsuranceSupreme Court of Louisiana · 1849

3Cited by7 opinions

  1. Githens v. Great American InsuranceSupreme Court of Iowa · 1926
  2. New Hampshire Fire Insurance v. RupardCourt of Appeals of Kentucky · 1920
  3. Metropolitan Casualty Insurance v. BergheimColorado Court of Appeals · 1912
  4. Allied American Mut. Fire Ins. v. Wesco Paving Co.Court of Appeals of Tennessee · 1951
  5. German Savings & Loan Society v. Commercial Union Assur. Co.Court of Appeals for the Ninth Circuit · 1910

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