St. John v. . American Mu. Fire and Marine Ins. Co.
New York Court of Appeals
Appeal from a judgment of the superior court of the city of New-York. The action was upon a policy of insurance issued by the defendants to the plaintiffs.
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Appeal from a judgment of the superior court of the city of New-York. The action was upon a policy of insurance issued by the defendants to the plaintiffs. On the trial before Campbell, J., in May, 1853, the plaintiffs read in evidence the policy of insurance, which was dated the 31st of March, 1849, by which the defendants insured the plaintiffs during one year “ against loss or damage by fire, to the amount of two thousand dollars, on their machinery and fixtures for blowing fur and forming hat bodies, including shafting and fixtures for communicating power, contained in the brick building…
1Opinion of the Court
As the sole peril insured against by this policy of insurance was loss or damage by fire, we should naturally expect, in examining exceptions contained in the contract, to find pointed out some circumstances under which the insurers would not hold themselves liable though a loss by fire should take place. Hence a loss occasioned by invasion, insurrection, riot and the like, has usually been found excepted in such policies; and although in this, and perhaps in policies generally, the exception in this respect is in terms of losses by fire, the clause would be equally definite and intelligible…
2Cited by21 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Renshaw v. Missouri State Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1890
- N. & M. Friedman Co. v. Atlas Assurance Co.Michigan Supreme Court · 1903
- Heuer v. North Western National Insurance Co. of MilwaukeeIllinois Supreme Court · 1893
- Hustace v. . Phenix Ins. Co.New York Court of Appeals · 1903
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