Nichols & Co. v. Sun Mutual Insurance
Mississippi Supreme Court
Nichols & Co. v. Sun Mutual Insurance, 71 Miss. 326 (Miss. 1893)
Campbell
Nichols & Co. v. Sun Mutual Insurance
Opinion of the Court
delivered the opinion of the court.
The judgment is right. The stipulation of the policy is unmistakable, to the effect that if a building fall, except as the result of fire, insurance was immediately to cease. The building fell, not as the result of fire, and fire broke out as the result of the fall of the building. Therefore, the insurer was not liable for the loss. “ The fire did not produce the fall, but the fall produced the fire, and the destruction was by the former,” etc. 2 May on Insurance, § 412; Ostrander on Fire Insurance, § 248; Wood on Fire Insurance, § 85; Insurance Co. v. Congregation, 80 Ill., 558; Insurance Co. v., Ende, 65 Texas, 118, and other cases cited in the text-books.
Affirmed.
Reference
- Full Case Name
- Nichols & Co. v. Sun Mutual Insurance Co. of New Orleans
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Fire Insurance. Cyclone. Fallen building. Non-liability. Under a policy providing that if a building fall, except as the result of fire, insurance thereon or on its contents shall immediately cease, the assured cannot recover where, in a cyclone, the building falls, and fire, which destroys the property, breaks out as the result of the fall.