Evanston Golf Club v. Home Insurance
Evanston Golf Club v. Home Insurance
Opinion of the Court
The defendant insured in two policies the plaintiff against loss by fire of its “two-story frame shingle roof clubhouse and additions, thereto, including foundation, gas and water pipes and fixtures, and all permanent fixtures for heating and lighting as part of the building situated on the north side of Fifteenth street, about one hundred yards east of the Chicago & Alton Railroad tracks between Independence, Missouri, and Kansas City, Missouri. By one of said policies respondent also insured appellant to the extent of $1,700 on clubhouse furniture and fixtures, etc., and $300 on its stock of wines, liquors, cigars and smokers’ articles, all while contained in the above described clubhouse building and additions.”
At the time these policies took effect, the clubhouse was a single compact building including the kitchen. Afterwards plaintiff procured from defendant a “permit” to “make alterations, additions and repairs for a period of forty days.” This permit was to cover the building on of a new kitchen in the place of the one then attached to and a part of the clubhouse. To do this, the contractor detached the old kitchen and removed it away a distance of one hundred feet, but still on plaintiff’s grounds. There it stood with the side out which had been next to the building from which it was taken. Shortly thereafter it was struck by lightning and burned. The defendant refused to pay plaintiff’s claim for the loss and this suit resulted and was determined for defendant in the trial court.
This case does not present, as plaintiff seems to suppose a question of increase of the risk. The question is, whether a part of the clubhouse, as it was at the time of the fire, was burned.
We regard the judgment of the trial court as for the right party and it is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.