Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the insured was not required “to demonstrate that the loss or damage was occasioned by an external cause” to establish fortuity
• “[T]he burden of proof generally is upon the insured to show that a loss arose from a covered peril.”
• “[C]ourts which have considered the question have rejected the notion that the insured must show the precise cause of loss to demonstrate fortuity.”
• “[i]t would seem to be inconsistent with the broad protective purposes of ‘all risks’ insurance to impose on the insured . . . the burden of proving the precise cause of the loss or damage.”
• “The burden of demonstrating fortuity is not a particularly onerous one.”
• loss due to improper stowage of cargo was fortuitous

Source: CourtListener parenthetical corpus (CC0).