American Fire & Casualty Co. v. Standridge
American Fire & Casualty Co. v. Standridge
Opinion of the Court
Under an insurance policy whereby, for a stipulated consideration, the insurer is obligated to pay to the insured owner of a specified automobile “. . . for direct and accidental . . . damage to the automobile, . . . except loss caused by collision . . . or by upset . . .” and which policy provides, “[bjreakage of glass and loss caused by missiles, falling objects, fire, theft, explosion, earthquake, windstorm, hail, water, flood, malicious mischief or vandalism, riot or civil commotion shall not be deemed loss by collision or upset”, the insurer is obligated to pay the insured for direct
Judgment reversed.
Concurring Opinion
concurring. I agree with what is said in the opinion and would like to add simply that under the comprehensive clause of the insurance policy the insurer is obligated to' pay for all direct damage to the vehicle, of whatever nature, provided the cause is not one specifically excluded and provided that it is accidental. The allegation that the transmission exploded is an allegation of fact, not merely a conclusion. Explosion is a covered risk, provided it is accidental. There might be an explosion which was not accidental even as to the plaintiff. Automobiles, however, do not normally explode. If the plaintiff alleges that this explosion was acci
Case-law data current through December 31, 2025. Source: CourtListener bulk data.