June 24, 2011
A fire policy on merchandise provided that the insurer should not be liable for any loss happening by means of invasion, insurrection, riot, or civil commotion, or of any military or usurped power. In consequence of an attack made on the town by a force of the Confederate army, the United States military commander ordered the destruction of certain stores, in pursuance of which order the city hall was set on fire, from which the fire spread to intermediate buildings and burned the insured merchandise. Held, that the fire did not happen or take place by means of the Confederate attack on the city, as that attack, though furnishing a motive for the firing of the city hall, was not the proximate cause of the loss.
Boon v. Aetna Ins. Co, 40 Conn. 575 (1874)
Suggested by Ken Laska, Attorney; Segal & Laska, LLC; Plainville, CT