Smiley v. Citizens F. M. & L. Ins.

Citations

• 14 W. Va. 33
• 1878 W. Va. LEXIS 52

Syllabus

<p>1. The policy contains an exception to the risk as Hollows : “That this corporation shall not bo liable to make good any loss, or damage, by fire, which may happen, or take place, occasioned by explosions of any kind, by means of invasion, insurrection, riot or civil commotion, or of any military or usurped power.” IThm) :</p> <p>The company intended not only to guard against all loss, or damage'., by lire occasioned by means of either invasion, insurrection, riot or civil commotion^ or of any military or usurped power, but also intcnded'to guard against all loss, or damage, l)}' lire, which may happen or take place, occasioned by' explosions of any kind.</p> <p>2. The lire in this case was not occasioned by explosions of any kind.</p> <p>3. The plaintiff is not bound by the erroneous statement of the cause of the fire, made in the preliminary proofs, but may fix the defendant’s liability by proof of the true cause of the loss, without regard to the statement in the preliminary proofs: there being no fraud.</p> <p>4. The contracting parties did not intend by the special premium to (exempt from the printed exception the explosion risk, hut did intend the special premium, because of the extra hazard of fire risks, designated in memorandum of special hazard.</p>