Legal Opinion

Commercial Union Assur. Co. v. Pacific Union Club

Court of Appeals for the Ninth Circuit

Decided May 3, 1909No. 1,618PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Northern District of California.

1Opinion of the Court

ROSS, Circuit Judge.

This was an action upon a policy of fire insurance issued by the plaintiff in error to the defendant in error insuring certain described property “against all direct loss or damage by fire except as” thereinafter otherwise provided; one of which subsequent provisions being that the company should not be liable “for Joss caused directly or indirectly by earthquake.”

It is not denied that the property insured, which was situated in the city of San Francisco, was subsequently, and during the life of the policy, totally destroyed by fire on the 19th of April, 1906. Basing its…

2Cases cited1 opinion

  1. Peters v. Warren InsuranceSupreme Court of the United States · 1840

3Cited by10 opinions

  1. Bull v. Sun Life Assur. Co.Court of Appeals for the Seventh Circuit · 1944
  2. Order of United Commercial Travelers v. KingCourt of Appeals for the Fourth Circuit · 1947
  3. Hocking v. British America Assurance Co.Washington Supreme Court · 1911
  4. Pacific Union Club v. Commercial Union Assurance Co.California Court of Appeal · 1910
  5. Maryland Casualty Co. v. RazookCourt of Appeals for the Fifth Circuit · 1928

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