Matson v. . Farm Buildings Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of tne Supreme Court in the fourth judicial department, in favor of plaintiff, entered updh an order directing judgment on a verdict taken subject to the opinion of the court at General Term. (Reported below, 9 Hun, 415.) This action was brought upon a policy of fire insurance issued by defendant covering, among other property, two barns.
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Appeal from judgment of the General Term of tne Supreme Court in the fourth judicial department, in favor of plaintiff, entered updh an order directing judgment on a verdict taken subject to the opinion of the court at General Term. (Reported below, 9 Hun, 415.) This action was brought upon a policy of fire insurance issued by defendant covering, among other property, two barns. The policy contained a provision in substance, that the defendant should not be liable for a loss occasioned by the use of kerosene oil, burning fluid, or any chemical fluid, or any chemical oil as a light in any barn…
1Opinion of the CourtRapallo, J.
The policy provided that the defendant should not be liable for a loss occasioned by the use of kerosene oil as a light in any barn or outbuilding. The court at General Term held, that the use referred to in this provision was the habitual use of the specified material, and not its use on a single occasion. Thus construed, the clause would read that the defendant should not be liable for a loss occasioned by the habitual use of kerosene oil, etc. We cannot concur in this construction. In the nature of things, if the use of kerosene oil occasioned the loss, the result must have been caused by…
2Cited by12 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Mittet v. Home InsuranceSouth Dakota Supreme Court · 1926
- American Indemnity Co. v. JagoeCourt of Appeals of Texas · 1934
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