Legal Opinion

Cole v. United States Fire Ins. Co.

Michigan Supreme Court

Decided December 5, 1933No. Docket No. 59, Calendar No. 37,396PublishedCited by 3 opinions

1Opinion of the Court

I cannot agree with the result reached by Mr. Justice WEADOCK.

The house was damaged by both explosion and fire. Plaintiffs recovered for the whole damage on the theory it was all a fire loss. Defendants denied liability for that part of the damage caused by the explosion. The proofs attempted no determination of the loss attributable to each.

The facts are undisputed. The events in sequence were that Sickrey scattered gasoline in the basement with the purpose of burning the house, he went outside, threw a lighted match through the open window, the flame caused the gasoline vapor to ignite, an…

2Cases cited5 opinions

  1. Briggs v. North American & Mercantile InsuranceNew York Court of Appeals · 1873
  2. Harter v. Ph&338nix Ins. Co.Michigan Supreme Court · 1932
  3. Zamboni v. Implement Dealers Mutual Fire InsuranceSupreme Court of Minnesota · 1928
  4. Ross v. Liverpool & London & Globe InsuranceSupreme Court of New Jersey · 1912
  5. Judson v. Manhattan Fire & Marine InsuranceMichigan Supreme Court · 1928

3Cited by3 opinions

  1. Camping and Education Foundation v. StateSupreme Court of Minnesota · 1969
  2. Mode, Ltd. v. Fireman's Fund InsuranceIdaho Supreme Court · 1941
  3. Fogarty v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1936

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