Heuer v. Westchester Fire Insurance
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. G. H. Kettelle, Judge, presiding. This was an action by appellant based upon a policy of insurance against loss or damage by fire “ on stock of jewelry contained,” etc. The policy contained the following provisions : “ III.
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Appeal from the Superior Court of Cook County; the Hon. G. H. Kettelle, Judge, presiding. This was an action by appellant based upon a policy of insurance against loss or damage by fire “ on stock of jewelry contained,” etc. The policy contained the following provisions : “ III. This company shall not be liable under this policy for loss or damage by fire in any of the following instances, viz.: 1. If caused directly or indirectly by means or in consequence of an invasion, insurrection, etc. * * * 2. If caused by lightning or explosion of any kind, unless fire ensues, and then for the loss by…
1Opinion of the CourtWaterman, P. J.
Insurance policies, Avhile to be taken most strongly against the party by whom they are made, are to be reasonably interpreted.
A loss or damage by fire necessarily includes, not merely the injury done by the combustion, heat, smoke, and expansive effect of the fire, but also by any falling, displacement or change of quality thereby caused, as well as the injury done by Avater or in removing goods, or bloAving up buildings in a Iona fide attempt to extinguish, or stay the fire.
All the authorities agree that the insurer, under a policy insuring against loss or damage by fire, is liable only for…
2Cases cited7 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- 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
- Renshaw v. Fireman's InsuranceMissouri Court of Appeals · 1889
- Miller v. London & Lancashire Fire InsuranceAppellate Court of Illinois · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Westchester Fire Insurance v. BellSupreme Court of Georgia · 1921
- Jacobson v. Liverpool, London & Globe InsuranceAppellate Court of Illinois · 1907
- Schuermann v. Dwelling House InsuranceAppellate Court of Illinois · 1894