Fireman's Fund Insurance v. Congregation Rodeph Sholom

The defense in this case is based principally upon that clause of the policy upon which the action is brought, that declares “ if a building shall fall, except as the result of fire, all insurance by this company shall immediately cease and determine.” The position assumed is, the building insured had “ fallen,” in the sense that term is used in the policy, by the action of the winds upon it before the fire occurred which consumed it, and, hence, the insurance by the company had ceased and determined under the exemptions of the contract. The question is argued as one of law, rather than of…