Fireman's Fund Insurance v. Aachen & Munich Fire Insurance

There are two appeals in this case, one from the judgment in favor of defendant, and one from the order denying plaintiff’s motion for a new trial. The two appeals come before us on one record.

The action was brought to recover on a policy of reinsurance issued by the defendant to plaintiff. From the record in the case it appears that plaintiff and defendant were engaged in the business of fire insurance in the states of California, Oregon, and elsewhere at all the times mentioned in the complaint. The court found: “That at all of said times there were situated upon the premises of the Salem Flour Mills Company, at Salem, in the county of Marion, state of Oregon, divers separate buildings, and the same were known and designated by distinctive names. That plaintiff and defendant, and certain other fire insurance companies, at all of said times, had and used certain rate-books and maps in the conduct of their business, and the same were used by plaintiff and defendant in the negotiations for the policy of reinsurance sued on in this action. That in the said rate-book one of the said several buildings above referred to was named, designated and described as ‘Warehouse,’ and another…