The San Francisco call., 1906-09-29
INSURANCE CASES
BEFORE H0sMER.
Earthquake Clause Of Three
Companies to Be Passed
Upon by Single Judge
DEMURRER IS ARGUED


upon the validity of the earthquake
clause in the policies of the Williams
burgh City Insurance Company. On
his decision In the suit brought against
the company by Frederick Walters to
recover $1,000, claimed to be due on
policy on house at 1854 Suffer street.
depends other cases pending against
the company and also against the Nor
wich Union and the Indemnity of New
York.
1t was decided yesterday by Attor-
neys T. C. Van Ness. for the insurance
company, and L. A. Redman, represent
ing the policy-holders, to bring the
cases before one tribunal instead of
having hearing in bank before Judges
Hosmer, Trout and Seawell, as was
first intended.
demurrer flied by the plaintiff Wal
ters to the answer of the defendants
Williamsburgh City Company was ar
gued at length by Van Ness and Red
man and the case was submitted. The
demurrer declares the company's de-
Tense to be uncertain and ambiguous
In It's wording.
Suits involving the three companies,
which have identical earthquake
clauses in their policies. were set for
hearing before the Judges In bank
Yesterday morning it was impossible
for Judge SeaweH who had been called
u
gan, policy holder in one of the COM
panfes, to- sit at the hearing and Van
Ness pleaded for delay. To this Red
man would not accede. claiming that
the insurance company was striving
to frustrate justice by delay. Redmar
demanded Immediate action
Judge Hosmer expressed a willing
ness to consider the case at once and
the other Judges decided to withdraw.
They will pass upon briefs to be pre-
sented after the test case has been
passed upon by Judge Hosmer:
The point at issue is as much a ques
ton of grammar as of law. It is an
endeavor to establish whether or not
the words caused directly or indirect
ly" in the earthquake clause refer to
volcano, earthquake or hurricane"
The clause reads, in part:
This company shall not be liable
for loss caused directly or indirectly
by invasion, insurrection, riot, civil
war or commotion, or military or
usurped power or by order of any civil
authority; or for loss or damage occa-
stoned by or through any volcano,
earthquake or hurricane, or other erup-
tion, CONFUSION or disturbance"
Van Ness recited definitions from
Webster and Johnson to support his en-
dowment of the verb occasion" with
a broader significance than connoted
In his argument in refutation Red
man questioned the motives of the
company in fighting cases on grounds
of nom liability, yet paying SO cents
and rs cents on the dollar to policy
holders, who, in the next breath, they
contended, had no legal claims for in
surance.
THREE NEW SUITS FILED.
Wy z C.rr.JJ x,os+.~Sax- Nr>S !. .,,xx
for $14oo against the Phoenix Assur-
ance Company, limited, of London. to
recover on a policy on electrotype ma
chinery and other supplies destroyed in
building at Sis Sacramento street.
The California House Wrecking Com
pany has brought suit against the
Phoenix Insurance Company of Brook
lyn for $500 on a policy covering a sta
BILE and a horse and buggy burned at
Tenth and Mission streets.
The Exchange Realty Company yes
terday filed a suit for $4,000 against
the American Insurance Company of
Boston. The money Is claimed under
policy covering a building at 327-337
Pine street, which was destroyed by
the fire.
INSURANCE CASE SUBMITTED.
The arguments in the case of A. S.
Fire Insurance Company for $500, on
a policy covering household goods de-
stroyed in a building at 1894 Clay
street, were heard yesterday afternoon
in Judge Carroll Cooks court and sub
mitted for decision. Attorney Eickhoff
appeared for the insurance company
and Henry Ach for the plaintiff The
plea of the defendant company for i'm
munity was based on the presence in
the policy of an earthquake clause
HEYNEMAN SUES NORTH GERMAN.
Herman Heyneman brought suit yes
terday in the United States Circuit
Court to recover $4,000 from the North
German Fire Insurance Company on a
policy covering the stock and fixtures
of a tobacco business at 204-2O6
Sacramento street. destroyed in the
April fire.