Fireman's Fund Insurance v. Congregation Rodeph Sholom

Citations

• 80 Ill. 558

Syllabus

<p>1. Insurance—exceptions in policy, how construed. A clause in a policy of insurance that provides “ if a building shall fall, except as the result of fire, all insurance by this company shall immediately cease and determine,” is to be understood in the ordinary meaning of the words used. And so long as the building remains standing, no matter how much it may be depreciated by the action of the winds or any other cause, the liability of the company under the policy of insurance will continue.</p> <p>2. Same—company liable if risk is permitted to stamd after it becomes more hazardous. Where a building which is insured against fire, is after-wards so damaged from other causes as to render the risk more hazardous, if the company does not take steps to cancel the policy, but permits the risk to stand, and the building is destroyed by fire, the company will be liable.</p> <p>3. Parties—in what name corporation to sue—pleading. Where there are two statutes in force, under which a religious corporation can exist, and under one of which it can sue in its own name, it will be presumed that a suit is rightfully brought in the name adopted by such corporation, until that fact is put in issue by a proper plea for that purpose.</p>