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2 Ins. Dec. 1 (1932-1933)

handle is hein.journals/inandeci2 and id is 1 raw text is: INSURANCE DECISIONS
with which is combined the Insurance Digest
A MONTHLY PUBLICATION CONTAINING THE INSURANCE POINTS OF ALL THE
FEDERAL AND STATE APPELLATE COURT DECISIONS ON INSURANCE MATTERS
Vol. II.                JULY, 1932                  No. I

Published monthly on the fifteenth of the month
at 222 East Ohio Street, Indianapolis, Ind.
Subscription Price: In the United States, $6.00
Per Annum in Advance; $6.50 in Canada; $7.00
in all other countries of the Postal Union. Single
Copies, Sixty Cents Each. Entered as second
class matter March 12, 1932, at the Post Office
at Indianapolis, Ind., under the Act of March 3,
1879.
R. M. CHANDOR
Publisher and Managing Editor
JOSEPH THURLOW WEED, LLB.
BURRELL WRIGHT, LLB.
Editors
THE REALM OF PEDANTICISM, AND OLD
ENGLISH PRACTICE
The decision of the court in this case is
grounded in the belief that the future possi-
bility indicated in the Van Vechten case has
fructified into a prognosticated frumentary.
This mild rhetorical flourish is the closing
argument with himself by a Supreme court
(Trial Term) judge in New York State, as to
his reasons for over-riding a precedent estab-
lished some years ago by the Court of Appeals,
distinguishing between theft and conversion.
The following judgment is accordingly en-
tered in each appeal: The assignments of er-
ror are sustained; the order of the Court be-
low of April 6, 1931, is reversed;, the order of
November 5, 1928, and the feigned issue there-
under are reinstated, and the defendant in said
issue is directed to file a plea in ancient form
to the declaration filed by these appellants tra-
versing their right to the fund in Court, to be
followed by a similiter, and a trial in due form.
Costs to abide the determination of the issue.
This from the former Colony and now Sov-
ereign State of Pennsylvania is the judgment
as determined by that Court. Undoubtedly,
some Harvard graduate can read it without re-
course to the law dictionaries.

LOSS OF ARTICLES PLACED IN A FRIEND-
LY FIRE IS NOT COMPENSABLE UNDER
A FIRE POLICY
Fire Underwriters will be interested in the
Michigan case, (Harter v. Phoenix Ins. Co.)
reported elsewhere in this issue, where claim
was made for damage done to rings which were
in an envelope inadvertently thrown in a waste
basket and, by mistake, put in the furnace where
a fire later was built, damaging the rings.
The dissenting opinion cited the famous
Irish case of the Countess Fitz-James against
Union Fire Ins. Company, where earrings had
been placed on the mantel-piece and were acci-
dentally knocked down and fell in the fire and
were consumed though efforts made to save
them and the Insurance Company was held
liable; the dissenting opinion in this case held
that the word fire in matters of insurance
applied to every accident, however unimportant
such accident may be, so long as it is caused.
by the action of fire.
The majority opinion, however, relied en-
tirely on American cases and held that the loss
of articles placed, either inadvertently or pur-
posely, in a friendly fire, is not compensable
under a policy against loss by fire, and it was
unnecessary to word a policy so as to cover
such a contingency.
RIGHT OF RECOVERY FOR COMPANY'S
FAILURE TO SETTLE LIABILITY CLAIM
AT REASONABLE FIGURE
In the absence of bad faith, a liability com-
pany is not liable to the Insured for the amount
which he is compelled to contribute over the
policy limits or its refusal to compromise.
The case of Georgia Casualty Co., against
Mann, reported elsewhere in this issue, is ex-
ceedingly interesting.
An Insured carried a $5,000-$10,000 limit
liability policy, and suit was brought against
him for an accident. He communicated with
the Company the injured party's willingness to
settle for $3,500 to $4,000. The Company's
attorney did not think it worth over $1,500.

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