German Savings & Loan Society v. Commercial Union Assur. Co.

Citations

• 187 F. 758
• 109 C.C.A. 506
• 1910 U.S. App. LEXIS 5132

Syllabus

<p>Insurance (§ 669*) — Fibe Insueance — Proximate Cause.</p> <p>A fire policy provided that defendant should not be liable for loss caused directly or indirectly by earthquake, or (unless fire ensues and, in that event, for damages by fire only) by explosion of any kind. Plaintiff’s property was destroyed by fire after the San Francisco earthquake. There was proof that a fire was started in a nearby building, and that this fire burned through and destroyed the insured property. There was also evidence that the fire in the first building preceded an explosion therein, and that prior to the explosion there was no fire in any building on either side of the street, including plaintiff’s premises. The court charged that, if the jury found that the fire on the first premises was caused by an explosion, they should find for plaintiff, but that if the fire was communicated to such premises by and caught from an earthquake, and that after the premises had been ignited therefrom the fire came in contact with an explosive causing it to explode, and then continued to burn to and consume plaintiff’s property, such fire was not within the provision of the policy covering a fire ensuing on an explosion. but would still retain its character of an earthquake-caused fire, in which event the origin of the fire would not be changed by the intervention of the explosion, and plaintiff would not be entitled to recover. Held, that such instruction was a proper submission of tlie proximate cause of the fire.</p> <p>11®. Note. — For other cases, see Insurance, Cent. Dig. §§ 1771-1784: Dec. Dig. § 609.*</p> <p>What constitutes loss by fire under insurance policy, see note to WcsteruWVoolen Mill Co. v. Northern Assur. Go., 72 C. C. A. 8.]</p>