What is a Fire.

Wairarapa Daily Times, Volume X, Issue 3338, 18 October 1889, Page 3

What is a Fire.

A curious point of law, bearing upon tho rosposibilibj of insurance companies ha just been decided in tho Paris Law Courts (Fifth Chamber of tho Civil Tribunal of tho Seino), at tho suit of tho Countess Fitz-James v. the Union Firo Insutnnco Company of Paris, by which it is ruled that insurance companies must indemnify all IOBSM sustained by an assured caused , JR by firo, oven in cases where no destruction of premises has been caused by conflagration, Tho Countess FitsJames insured against fire,in tho above Company, all her furnito and effects for 558,000fr, and in ht,:policy,undcr Article 7, were mentioned her jewels, among which figured a pair of earrings composed of lino pearls, valued at 18,000fr. On April 17,1877, one of these earrings, which had been placed on the mantel piece, was accidontly knocked down by tho Countess and .1 fell into the fire, where it was conjf aiimed, notwithstanding every effort * mado to savo tho jewel, Expert jewcllors wero called in by both parties to estimate tho intrinsic value of the proporty destroyed, and 9,000fr was stated to be tho amount, less GOfr for molten gold rescued, from the ashes. The insurance company refused to pay for the burnt pearl, on tho ground that thoro was no conflagration, that tho firo which consumed .tho object was an ordinary fire; in olber words that there was no fire, and that the company was not responsible where jtynbusfion had only occured by the ' ordinary use of a grato for heating purposes. Tho Court, however, rejected thin,and rnlcil that" the word firo, in matters of assurance, applied to overy accident, however unimportant such accident may bo, bo long as it is caused by the action of fire," It was therefore ordered that the Union Company should pay to Countess Fitzlamcs tho value of tho jowel less that of thn gold recovered—viz 8,910 fr and costs.