Rossini
Rossini v. Saint Paul Fire & Marine Ins. Co.
Opinion
Lead Opinion
Lennon, J.
—The plaintiff in this action sought to recover a loss alleged to have been occasioned by fire under a policy of insurance, standard in form, issued to him by the defondant, and which covered and carried insurance in the sum of one thousand dollars on a stock of general merchandise and four hundred dollars on household furniture. The policy declared that the insured property was contained in a, frame building described as being situated at 2104 East Ninth Street, in the city of Los Angeles, and the complaint averred that the insured property was all contained in the same building at the time of the fire. The defendant denied liability upon the ground that it was exempted therefrom pursuant to the provisions of the policy because (1) the property insured was destroyed by the explosion of a bomb or other explosive substance, the exact nature of which was unknown to defendant; (2) the building in which the insured property was located fell at the time of the explosion and the falling was not the result of fire. As a further defense to the action, defendant pleaded that the plaintiff, in violation of the terms and conditions of the policy, prior to the fire and at the time of the…