Legal Opinion

Fenmode, Inc. v. Aetna Casualty & Surety Co.

Michigan Supreme Court

Decided November 24, 1942No. Docket No. 21, Calendar No. 42,020PublishedCited by 22 opinions

1Opinion of the CourtBushnell, J.

Plaintiff, Fenmode, Inc., is the owner and operator of a ladies’ ready-to-wear store at 6506 Woodward Avenue, Detroit, and defendant, Aetna Casualty & Surety Company, is its insurer on a “water damage” policy. This action arose because of damage to plaintiff’s stock of merchandise in its basement by reason of a heavy rainstorm during the night of June 12,1941.

The policy provides coverage “against all DIRECT LOSS AND DAMAGE caused solely by the accidental discharge, leakage or overflow of WATER or STEAM from within the following source or sources: PLUMBING SYSTEMS (not including any Sprinkler…

2Cases cited5 opinions

  1. Brandenberg v. ZeiglerSupreme Court of South Carolina · 1901
  2. Shea v. GavittSupreme Court of Connecticut · 1915
  3. Bringhurst v. O'DonnellCourt of Chancery of Delaware · 1924
  4. Thompson v. New Haven Water Co.Supreme Court of Connecticut · 1913
  5. Goldfarb v. Maryland Casualty Co.Appellate Court of Illinois · 1941

3Cited by22 opinions

  1. Cameron v. USAA Property & Casualty InsuranceDistrict of Columbia Court of Appeals · 1999
  2. Heller v. Fire Insurance ExchangeSupreme Court of Colorado · 1990
  3. State Farm Fire & Casualty Co. v. PaulsonWyoming Supreme Court · 1988
  4. Wiggins v. City of BurtonMichigan Court of Appeals · 2011
  5. Front Row Theatre, Inc. v. American Manufacturer's Mutual Insurance Companies and Kemper National P & C CompaniesCourt of Appeals for the Sixth Circuit · 1994

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