Babcock v. Montgomery County Mutual Insurance
New York Court of Appeals
Babcock sued the Montgomery County Mutual Insurance Company in the supreme court, and declared on a .fire policy, dated the 21st of September, 1844, whereby the defendants insured two dwelling houses and out-buildings of the plaintiff, against loss by fire for five years from the date of the policy.
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Babcock sued the Montgomery County Mutual Insurance Company in the supreme court, and declared on a .fire policy, dated the 21st of September, 1844, whereby the defendants insured two dwelling houses and out-buildings of the plaintiff, against loss by fire for five years from the date of the policy. The conditions annexed to the policy and forming a part thereof, contained a clause in these words : “ The company will be liable for jure ly lightning, but not for any loss or damage by fire happening by means of any invasion, insurrection, riot,” &c. The declaration, after setting forth the…
1Opinion of the CourtHurlbut, J.
By the policy set forth in the declaration the defendants became “ liable for fire by lightning,” and the dwelling house of the plaintiff which was the subject of insurance, “ was rent and torn to pieces by lightning, without being burnt or consumed;” and the question is, whether this was a loss within the meaning of the policy %
The proposition of the plaintiff is, that in the ordinary acceptation of language, lightning is fire, and hence that destruction by lightning in any manner, is necessarily a destruction by fire; or, if not, that in effect, the language of this policy imported an…
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