Miller v. London & Lancashire Fire Insurance
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Appellant received from appellee a policy of insurance against fire upon a building owned by her in Chicago, which policy contained this provision: “ This company shall not be liable for loss caused directly or indirectly by riot, * * * or (unless fire ensues, and, in that event for the damage by fire only,) by explosion of any kind.”
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Appellant received from appellee a policy of insurance against fire upon a building owned by her in Chicago, which policy contained this provision: “ This company shall not be liable for loss caused directly or indirectly by riot, * * * or (unless fire ensues, and, in that event for the damage by fire only,) by explosion of any kind.” A mill adjacent to appellant’s premises took fire, and shortly after, an explosion in the mill blew apjiellant’s house off its foundations and almost completely ruined it;…
1Opinion of the CourtWaterman, P. J.
It is quite manifest that there was no insurance against loss caused directly or indirectly by explosion. What is insisted, is that the explosion having been caused by fire, the destruction of the house by the explosion was a damage by fire; in other words, that .we are to attribute the injury not to the immediate cause, but to the cause of that cause.
While it is true that where no conditions to the contrary are imposed, the insurer is liable for goods stolen during reasonable attempt to remove them from a burning building, or damage by water in a reasonable attempt to extinguish the fire,…
2Cases cited3 opinions
- Briggs v. North American & Mercantile InsuranceNew York Court of Appeals · 1873
- St. John v. . American Mu. Fire and Marine Ins. Co.New York Court of Appeals · 1854
- Roe v. Columbus InsuranceSupreme Court of Missouri · 1851
3Cited by7 opinions
- Delametter v. the Home Ins. Co.Missouri Court of Appeals · 1939
- Hustace v. . Phenix Ins. Co.New York Court of Appeals · 1903
- Northwestern Nat. Ins. Co. v. MimsCourt of Appeals of Texas · 1920
- Liverpool & London & Globe Ins. Co. v. CurrieCourt of Appeals of Texas · 1921
- Exchange Bank of Novinger v. Iowa State Ins. Co.Missouri Court of Appeals · 1924
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