Briggs v. North American & Mercantile Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict in favor of plaintiffs and granting a new trial. The facts are sufficiently stated in the opinion. It was the fire that was the proximate cause of the explosion, and defendant is not protected by the clause in the policy in relation to explosions. (City F. Ins. Co. of N. Y. v. Corlies, 21 Wend., 367; Grim v. Phoenix Ins. Co., 13 J. R, 451; Waters v. Mer.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict in favor of plaintiffs and granting a new trial. The facts are sufficiently stated in the opinion. It was the fire that was the proximate cause of the explosion, and defendant is not protected by the clause in the policy in relation to explosions. (City F. Ins. Co. of N. Y. v. Corlies, 21 Wend., 367; Grim v. Phoenix Ins. Co., 13 J. R, 451; Waters v. Mer. Louisville Ins. Co., 11 Pet., 213; Babcock v. Mont. Ins. Co., 4 N. Y., 326; Scripture v. Lowell Mut. F. Ins. Co., 10 Cush.…
1Opinion of the CourtPeckham, J.
The defendant insured the plaintiffs’ property, certain machinery, etc., in a certain mill, against loss by fire, with this provision in the policy, viz.: “ This com pany shall not be liable for loss caused by invasion, insurrection, riot, civil commotion, military or usurped power, nor for loss caused by lightning or explosions of any kind, unless fire ensues, and then for the loss or damage by fire only.”
The plaintiffs were engaged in the business of rectifying spirits when this policy was issued to them. There was a small lamp standing in the building, brought there by persons repairing…
2Cited by36 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Mitchell v. Potomac InsuranceSupreme Court of the United States · 1901
- Transatlantic Fire Insurance v. DorseyCourt of Appeals of Maryland · 1881
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Wheeler v. . Phenix Ins. Co.New York Court of Appeals · 1911
31 more not listed; retrieve them via the Exa API.