Burlington Insurance v. Rivers

KEY, Associate Justice.

— Appellee sued and recovered upon a fire insurance policy. A general demurrer to his petition was overruled, and error is assigned upon this ruling.

1.' The policy enumerates a number of different circumstances in which it is stated the company will not be liable; among which is the following: “This company shall not be liable for loss by theft at or after a fire, nor from loss caused by invasion, insurrection, riot, civil commotion, military or usurped power.” The petition alleged, that the property insured was totally destroyed by fire; but did not negative the fact…