Insurance Against Fire
Insurance Against Fire
In the Past
A contract by which the insurer, as a result of a certain premium received by him, either in a gross sum or by annual *payments, promises to indemnify the insured against all loss or damage (see more about this popular legal topic in the U.S. encyclopedia) which he may sustain to a certain amount, in his house or other buildings, stock, goods or goods, mentioned in the policy, by fire, during the time agreed upon. 2 Marsh. Ins. B. 4, p. 784; 1 Stuart's L. C. R. 174; Park. Ins. c. 23, p., 441.
Developments
The risks and losses insured against, are “all losses or damage (see more about this popular legal topic in the U.S. encyclopedia) by fire,” during the time of the policy, to the houses or things insured.
Details
There must be an actual fire or ignition to entitle the insured to recover; it is not enough that there has been a great and injurious increase of heat, while nothing has taken fire, which ought not to be on fire. 4 Campb. R. 360.
Other Aspects
The loss must be within the policy, that is, within the time insured. 5 T. R. 695; 1 Bos. & P. 470; 6 East, R. 571.
More Information
The insurers are liable not only for loss by burning, but for all damages (see more about this popular legal topic in the U.S. encyclopedia) and injuries (see more about this popular legal topic in the U.S. encyclopedia) and reasonable charges attending the removal of articles though never touched by the fire. 1 Bell's Com. 626, 7, 5th ed.
Other Issues
Generally there is an exception in the policy, as to fire occasioned “by invasion, foreign enemy or any military (see more about this popular legal topic in the U.S. encyclopedia) or usurped power any,” and in some there is a further exception of riot, tumult or civil commotion. For the Construction of these provisoes, see the articles Civil Commotion and Usurped Power. [1]
Resources
Notes and References
- Partialy, this information about insurance against fire is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including insurance against fire.
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