Ross v. Liverpool & London & Globe Insurance
Supreme Court of New Jersey
On appeal from the Second District Court of Newark. This is a suit upon an insurance policy in the standard form. It contained a privilege -to keep three automobiles.
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On appeal from the Second District Court of Newark. This is a suit upon an insurance policy in the standard form. It contained a privilege -to keep three automobiles. A rider permitted the assured to keep not more than three automobiles using volatile hydro-carbon oils for fuel and for power; and was attached in consideration of an additional premium and a warranty by the assured that not more than five gallons of hydro-carbon oils in metal cans (excluding contents of tanks of vehicles), would be kept, handled, used or allowed on the premises temporarily or permanently. The building insured…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The policy provides that the company shall not be liable for loss caused directly or indirectly by explosion of any kind unless fire ensues, and in that event for the damage by fire only. Since the company does not dispute its liability for the loss due to the ensuing fire, and judgment-passed against it therefor, the only question we have to decide is whether it is liable for loss caused by the explosion alone. It is said the explosion was but the result and an incident of *342the fire of the match. This contention., however, can, hardly prevail…
2Cases cited5 opinions
- Mitchell v. Potomac InsuranceSupreme Court of the United States · 1901
- Heuer v. North Western National Insurance Co. of MilwaukeeIllinois Supreme Court · 1893
- Hustace v. . Phenix Ins. Co.New York Court of Appeals · 1903
- Vorse v. Jersey Plate Glass InsuranceSupreme Court of Iowa · 1903
- Garrebrant v. Continental InsuranceSupreme Court of New Jersey · 1907
3Cited by3 opinions
- New Hampshire Fire Insurance v. RupardCourt of Appeals of Kentucky · 1920
- Cole v. United States Fire Ins. Co.Michigan Supreme Court · 1933
- Reeves v. Standard Fire InsuranceSupreme Court of New Jersey · 1933