Chute v. North River Insurance Co.

Appeal from an order sustaining a general demurrer to the complaint in an action to recover on an insurance policy.

The policy covers “jewelry * * * and/or on furs as per schedule attached, against all risks of loss or damage during transportation (including all risks of loss or damage caused by breakage, fire and theft) or otherwise.” Claims for breakage of glass, overwinding, denting and internal damage” to watches and for damage to furs arising “from moth, vermin, wear and tear, or gradual deterioration,” are expressly excluded.

Recovery, is sought for a fire opal valued at $2,000, because,…