Carr

Carr v. International Indemnity Co.

Good Law
1922 Cal. App. LEXIS 238·58 Cal. App. 614·209 P. 83
Court of Appeal of CaliforniaJuly 25, 1922Civ. No. 3840.California1,208 words

Opinion

Lead Opinion

James, J.

Plaintiff brought this action to recover upon a policy of insurance which covered loss by breakage of plate glass in a store front. Judgment was in plaintiff’s favor and the defendant has appealed.

The insurance, as expressed in the policy, provided against “loss by breakage from accidental causes beyond the assured’s control.” The policy contained clauses exempting the insurer from liability for “ (4) any loss or damage caused by the glazing of any light of glass or by the removal of any light of glass from its frame or caused by the repairing of any frame; (5) any loss or damage occurring before the glass is completely glazed in a workmanlike manner.”

Appellant’s main contention is that the evidence shows that breakage of the glass was caused by the unworkmanlike manner in which the same was set. It was shown in evidence that plaintiff, in December, 1919, owned a newly constructed store building in which a plate glass front was then being installed. He notified his agent to have the glass covered by ■ insurance, and the policy was issued, effective as at noon on the thirtieth day of December, 1919. The final work of setting the glass was completed on Monday, the 29th of…

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