Norwich Union Fire Ins. Society v. Stanton

Citations

• 191 F. 813
• 112 C.C.A. 327
• 1911 U.S. App. LEXIS 4994

Syllabus

<p>1. Insurance (§ 421*) — Construction or, Contract — Loss Occasioned by or Through Earthquake.</p> <p>A clause in a fire insurance policy providing that the insurer should not be liable “for loss caused directly or indirectly by invasion, * * * or for loss or damage occasioned by or through * * * earthquake,” does not exempt the company from liability for a loss caused by fire alone, although such fire spread from other property, in which it was directly caused by an earthquake.</p> <p>TEd. Note. — For other cases, see Insurance, Cent. Dig. §§ 1126-1143; Dec. Dig. § 421.*J</p> <p>2. Courts (§ 96*) — Rubes oe Decision — Decisions oe Co-órdinvie Federau Courts — “Comity.”</p> <p>A federal court is warranted by the rule of “comity” in following a decision of a co-ordinate court of another circuit on a question of law, where it has no clear conviction that such decision is erroneous.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 323-328; Dec. Dig. § 96.*</p> <p>Decisions of federal courts as authority in other co-ordinate courts, see note to F. B. Vandegrift & Co. v. United States, 97 C. C. A. 472.]</p>