Slinkard v. Manchester Fire Assurance Co.

Citations

• 122 Cal. 595
• 55 P. 417
• 1898 Cal. LEXIS 639

Syllabus

<p>Fire Insurance—Combined Harvester—Insurance Limited “While in Use”—Storage not Included.—A policy insuring the owner of a combined harvester against loss by fire “while in use” in the county, for a period of three months, does not cover a loss occurring during that period, while the harvester was not in use for harvesting purposes, but was dismantled and stored away for safe keeping in a shed on the ranch of the owner, after the harvest was over.</p> <p>$d.—Diminution of Risk—Evidence.—The stipulation of the policy limiting the risk to the use of the harvester cannot be avoided by showing that the risk to the machine by fire was less when stored in the shed than when in use in the field, and evidence to that effect is inadmissible.</p> <p>Id.—Construction of Code—“ Alteration of Use or Condition.”—Section 2754 of the Civil Code, providing that “an alteration in the use or condition of a thing insured from that to which it is. limited by the policy, which does not increase the risk, does not affect a contract of insurance,” has reference to policies which do not in terms stipulate against the use for certain purposes, or do not restrict the use to certain definite purposes, and does not apply to policies containing such express stipulation or restriction.</p> <p>Id.—Right of Insurer to Select Risk.—An insurer is at liberty to select the character of the risk he will assume, and he is not liable except upon proof that the loss occurred within the terms of the policy.</p>