Insurance against fire
INSURANCE AGAINST FIRE. A contract by which the insurer, in consequence of a
certain premium received by him, either in a gross sum or by annual
*payments, undertakes to indemnify the insured against all loss or damage
which he may sustain to a certain amount, in his house or other buildings,
stock, goods, or merchandise, 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.
2. The risks and losses insured against, are "all losses or damage by fire," during the time of the policy, to the houses or things insured.
3.-1. There must be an actual fire or ignition to entitle the insured to recover; it is not sufficient 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.
4.-2. 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.
5.-3. The insurers are liable not only for loss by burning, but for all damages and injuries, and reasonable charges attending the removal of articles though never touched by the fire. 1 Bell's Com. 626, 7, 5th ed.
6. Generally there is an exception in the policy, as to fire occasioned "by invasion, foreign enemy, or any military, or usurped power whatsoever," 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.