Hayward v. Liverpool & London Life & Fire Insurance
New York Court of Appeals
Nathaniel Hayward sued the Liverpool & London Fire and Life Insurance Company, in the New York superior court, on a policy of insurance of an India rubber factory against fire.
Read the full summary
Nathaniel Hayward sued the Liverpool & London Fire and Life Insurance Company, in the New York superior court, on a policy of insurance of an India rubber factory against fire. Among the articles specified in the written part of the policy as insured were “ machinery, tools, steam engine and shafting contained in building No. 1.” In the body of the printed part of the policy was the following proviso or condition: “Provided always, and it is hereby declared and agreed that this company shall not be liable to make good any loss or damage by fire, which shall happen or arise from any foreign…
1Opinion of the CourtJ. M. Parker, J.
The provision in a policy that' a company will not be liable to make good any loss or damage by fire which shall happen or arise hy any explosion, repeated in the conditions appended, and referred to in the policy, must, I think, be taken to include an explosion of the steam engine insured, as well as any external explosion.
There is no inconsistency in such construction with the fact that the engine itself was insured against fire. The company might well say: We will insure your factory, engine included, against Bre produced from every cause, except an explosion of the engine. So far from…
2Cases cited3 opinions
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- St. John v. . American Mu. Fire and Marine Ins. Co.New York Court of Appeals · 1854
- Strong v. . Sun Mutual Ins. Co.New York Court of Appeals · 1865
3Cited by1 opinion
- Metzger v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1930