Beatty v. Netherlands Insurance

Opinion by

Baldrige, J.,

A policy of insurance covering a Chrysler sedan automobile was issued by defendant to plaintiff. It provided, inter alia, for payment of damages resulting from “fire arising from any cause whatsoever.”

On July 7, 1934, the plaintiff, while driving the insured car at the rate of 30 to 40 miles an hour on the public highway, smelled an odor which he thought was due to a burning brake band. He reduced his speed, opened the left front window, and looked out to ascertain if his suspicions were well founded. At that moment the right front wheel left the highway, and, in…