E. H. Stanton Co. v. Rochester German Underwriters' Agency

• Decision Date: 01 August 1913
• Docket Number: 1,551.
• Court: U.S. District Court — District of Washington
• Parties: E. H. STANTON CO. et al. v. ROCHESTER GERMAN UNDERWRITERS' AGENCY.

206 F. 978

E. H. STANTON CO. et al. v. ROCHESTER GERMAN UNDERWRITERS' AGENCY.

No. 1,551.

United States District Court, E.D. Washington, Northern Division.

August 1, 1913

[Copyrighted Material Omitted]

Cannon Ferris & Swan, of Spokane, Wash., for plaintiffs.

W. W Hindman, of Spokane, Wash., for defendant.

RUDKIN District Judge.

This is an action on two contracts of insurance to recover damages for a fire loss. The policies are of standard form with riders attached, and describe the subjects of insurance, and set forth the amounts on each class of property insured as follows:

$............To apply proportionately upon each item (and its subdivisions) of the following schedule of amount and covering upon the property hereinafter described: ---------------------------------------------------------------------------------------------------------------------- Subdivision Subdivision Subdivision Item A B C Totals No. Designation. Construct- Location. Amounts Amounts Amounts Insured ion. Insured on Insured on Insured on (in and on) Building. Machinery. Stock. Buildings. ---------------------------------------------------------------------------------------------------------------------- (Blocks 29, 30, 31, 32, 33 and 43 of (Cold (Brick - (East Side Syndicate Addition Storage, ) Lard, Killing,) 1 (Smoke, (Concrete- (and adjacent thereto. Boiler, ) Fertilizer &) (Engine (and Spokane, Wash. Buildings, Frame) Dressing Rooms (and Fuel Vault....) .. .......... ............................. $75,000 $27,000 $30,000 $132,000 2 Offices ....... Brick..... .......... Ditto .......... 5,750 1,000 Nil 6,750 3 Garage ........ '........ .......... ' .......... 6,000 Nil Nil 6,000 4 Blacksmith Shop ........ '........ .......... ' .......... 6,000 1,500 Nil 7,500 5 Ice House ..... '........ .......... ' .......... 5,000 5,000 Nil 10,000 6 Hotel ......... '........ .......... ' .......... 5,000 2,000 Nil 7,000 7 Stable ........ '........ .......... ' .......... 10,000 2,000 Nil 12,000 8 Fertilizer Warehouse ... frame..... (W 1/2 Sec. 15, Twp. 25, N.R. 900 Nil 500 1,400 43, E. 9 Stable ........ frame..... (W. M. on North Side of N. P. 400 Nil Nil 400 10 Dwelling ...... frame..... (right of way between Green 100 Nil Nil 100 and About 300 feet E. of (Ferrel Office, No. 212 Bernard Sts. Street. Spokane, Wash. 11 City Plant .... brick..... ............................. 5,000 4,000 5,000 14,000 Spokane, Wash. 12 Stable ........ brick..... Rear of Lot 17, 1,000 Nil Nil 1,000 Block 8, Havermale's Addition on S. S. of Alley, North of and running parallel to Main Ave., between Bernard and Browne Sts. Spokane, Wash. 13 On sheds, loading docks, platforms and other 1,200 650 Nil 1,850 structures, fences, gates, flooring, vehicles, machinery, apparatus, tools, implements and appliances as located on premises of assured outside the various buildings above described and not otherwise insured. ---------------------------------------- $121,350 $43,150 $35,500 ----------------------------------------------------- Grand Total........................... $200,000 --------------------------------------------------------------------------------------------------------------------- The first policy is in the sum of $20,000, and the second in the sum of $6,000. In all other respects the two policies are identical. The total loss was $33,060.57, distributed among the different classes of property insured as follows:

Damage to the killing building described in item No. 1 . . . $19,402.48

Damage to the machinery contained in the killing building and described in subdivision B . . . 3,893.99

Damage to stock contained in the killing building and described in subdivision C . . . 9,764.10

But while the total loss was $33,060.57, the plaintiffs only claim $3,239.75 under the first policy and $971.80 under the second policy, by reason of other concurrent insurance covering the same loss. The sole controversy in the case arises over the following provisions contained in the policies:

'$20,000 ($6,000 in second policy) to apply proportionately upon each item (and its subdivisions) of the following schedule of amount and covering upon the property hereinafter described. * * *

'It is understood and agreed that, in event of loss, this insurance shall attach to each of the buildings and contents thereof described herein in the exact proportion that the value of each building and contents thereof shall bear to the value of all such buildings and contents thereof at the time of fire. This clause applies to items 1 and 13. * * *

'It is a part of the consideration of this policy and the basis upon which the rate of premium is fixed that the insured shall maintain upon the within insured premises 40 combination night watch and fire alarm boxes of the American District Telegraph Company, and the insured guarantees that, if said boxes of the American District Telegraph Company are removed at any time during the period in which this policy remains in force, they will immediately notify the representatives of the insuring company, and will pay back to said representative such proportion of the allowance now made as shall correspond to the time which this policy has then to run before terminating. * * *

'It is hereby warranted by the assured that one or more watchmen shall constantly be on duty in the premises herein described, night, Sundays and holidays, and at all times when the said premises are not in operation or open for business; watchman service being under A.D.T. watch or clock system.'

A brief description of the insured premises and of the A.D.T. watch or clock system becomes necessary to a proper understanding and interpretation of the above provisions of the contracts of insurance. The main building of the packing plant is 201'x312', and includes all the subdivisions or departments under item No. 1.

The cold storage building consists of six stories and a basement, 114'x117', constructed of fireproof walls, 24 inches in thickness, rising 3 feet above the roof, and connects with the vestibule through heavy, fireproof refrigerator doors. This building is bounded on the north by the lard building with a 24-inch fireproof wall between.

The lard building consists of four stories and a basement, 48'x127'. The walls, except that adjoining the cold storage building, are fireproof, 20 inches in thickness, rising 3 1/2' above the roof. This building also communicates with the vestibule through fireproof refrigerator steel doors.

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