Phenix Ins. v. Luce

Citations

• 123 F. 257
• 60 C.C.A. 655
• 1903 U.S. App. LEXIS 3986

Syllabus

<p>1. Fire Insurance—Action • on Policy—Facts Justifying Commencement.</p> <p>A statement by an insurance company, on receipt of proofs of loss under a policy, that it had information from reliable and trustworthy sources that the building fell before the fire broke out, in which case there was clearly no liability under the policy, but offering, if such was not the case, to consider any evidence in support of the claim, was a sufficiently definite denial of liability to warrant the insured in bringing an action on the policy at once, without submitting proofs on the question to the company.</p> <p>2. Same—Avoidance of Policy—Condition Subsequent.</p> <p>A provision of a fire insurance policy that if the building or any part thereof fall, except as the result of fire, all insurance by the policy shall immediately cease, creates a condition subsequent terminating the policy, the burden of establishing which rests on the insurer.</p> <p>8. Same—Direction of Verdict—Evidence Considered.</p> <p>In an action on a fire insurance policy conditioned that the insurance should cease in case the building fell, except as the result of fire, where it was shown that the building fell, and an hour afterward a fire broke out in the ruins, which consumed them, the testimony of six or more witnesses that they saw flame shoot from the building before it fell, and of others that it was filled with smoke, was sufficient to justify the court in refusing to direct a verdict for defendant, the credibility of the witnesses and the weight to be given their testimony being matters for the jury.</p>