Conner v. Manchester Assur. Co.

Citations

• 130 F. 743
• 70 L.R.A. 106
• 1904 U.S. App. LEXIS 4213

Syllabus

<p>1. Insurance — Stipulations—Warranty.</p> <p>A stipulation in a fire policy that the Insurance company should not be liable for loss caused, directly or indirectly, by order of any civil authority, is not a warranty within Cal. Civ. Code, §§ 2607, 2608, providing that a statement in a policy of a matter relating to the thing insured or to the risk as a fact, and a statement which imports that it is intended to do or not to do a thing which materially affects the risk, is a warranty.</p> <p>2. Same — Open Policy — Provisions—Enforcement.</p> <p>Where complainants accepted an insurance certificate Insuring their crop against fires subject to all the terms and conditions of a certain open policy in defendant’s possession made a part of the certificate, plaintiffs were bound by the provisions of such open policy though they had no knowledge thereof.</p> <p>3. Same — Fires—Police Regulations — De Facto Authority.</p> <p>Where the supervisors of a county ordered fires to be started on certain pasture land for the purpose of destroying insects which were injurious to fruit crops, etc., under Gal. St. 1897, pp. 465, 466, e. 277, authorizing such supervisors to provide for the destruction of insects and to make sanitary regulations not in conflict with general laws, such supervisors had de facto authority to start the fire, which was sufficient to relieve an insurer of grain destroyed thereby, under a provision in the policy that insurer should not be liable for any loss occasioned by order of any civil authority, though the fire was started on other property, and the burning of plaintiff’s grain was occasioned by the fire getting beyond control.</p>