Blasingame v. Home Ins. Co. of City of N.Y.

Citations

• 75 Cal. 633
• 17 P. 925
• 1888 Cal. LEXIS 600

Syllabus

<p>Insurance—Parties Severally Liable on Policy—Joinder op.—Two insurance companies severally liable on the same policy may be joined as defendants in an action to recover for a loss.</p> <p>Id. — Complaint—Negativing Excepted Bisks. —In an action on a policy of fire insurance, the complaint must aver the loss, and show that it occurred by reason of a peril insured against, but it need not aver the performance of conditions subsequent, nor negative prohibited acts, nor deny that the loss occurred from the excepted risks.</p> <p>Id.—Allegation Contradicted by Exhibit—Demurrer.—An objection to a complaint that a specific allegation contained therein is contradicted by an exhibit to which reference is made cannot be taken advantage of by general demurrer.</p> <p>Id.—Allegation op Damage.—The complaint in an action on a fire insurance policy, which alleges that the insured was the owner of the property at the time of the insurance and at the time of the fire, its value at those times, and also that it was totally destroyed by fire, sufficiently shows the damage sustained by the insured by reason of the fire.</p> <p>Id. —Performance of Conditions Precedent. —Under section 457 of the Code of Civil Procedure, it is sufficient, in pleading the performance of conditions precedent required by the policy to be performed by the insurer, to allege that all the conditions of the policy have been duly performed by him.</p>