Mawhinney v. Southern Insurance

Citations

• 98 Cal. 184
• 20 L.R.A. 87
• 32 P. 945
• 1893 Cal. LEXIS 883

Syllabus

<p>Fire Insurance—Harvesting Machine—Construction oe Policy.—Under a policy of fire insurance of a harvesting machine purporting to be upon a “ threshing outfit in the field,” and insuring it against loss by fire while “operating in the grain fields and in transit from place to place in connection with harvesting,” etc., the insurance company is not liable for a loss of the machine by fire near a blacksmith shop, to which it was taken and left for general repairs. which would require two weeks to make, although taken there with a view to going into the field for harvesting as soon as it was ready to fulfill contracts which had been made for the threshing of grain. The harvester was not “in transit from- place to place in connection with harvesting” when destroyed, within the terms of the policy.</p> <p>Id.—Liability of Insurer. —An insurer is not liable, except upon proof that the loss has occurred within the terms of the policy, and when making the policy he is at liberty to select the character of the risk he will assume.</p>