Lariviere v. New Hampshire Fire Ins. Co.
| Decision Date | 30 July 1963 |
| Parties | Jean LARIVIERE v. NEW HAMPSHIRE FIRE INSURANCE COMPANY. |
| Court | New Hampshire Supreme Court |
Nelson, Winer & Lynch (George F. Nelson, Milford, orally), for plaintiff.
Devine, Millimet, McDonough, Stahl & Branch (Bartram C. Branch, Manchester, orally), for defendant.
In recent years marine insurance has moved inland to give us what is known as inland marine insurance. 11 Couch on Insurance (2d 1963) s. 42.149; Aherne, Some Generalities on Marine and Inland Marine Covers, 30 Ins. Counsel J. 72, 82 (1963). Transportation insurance is one form of inland marine insurance. 11 Couch on Insurance (2d 1963) ss. 42.155 and 42.156; Rodda, Inland Marine and Transportation Insurance (2d ed. 1958) pp. 130-132; 1 Richards, Law of Insurance (5th ed.) s. 19 (1962 supp.). The 'transportation trip policy' with its endorsement covered damage to the house by fire 'while in transit.' It is clear from the agreed statement of facts that the house was damaged by fire. The crucial question is whether the damage to the house occurred 'while in transit' within the meaning of the insurance policy. Annot. 80 A.L.R.2d 445.
Property is considered in transit when it is moving from one location to another. This does not exclude temporary stops, incidental delays, or some deviation from the planned route of travel. 5 Appleman, Insurance Law and Practice, s. 3183 (1963 supplement). However when the property to be transported has reached its destination it is generally no longer considered in transit. Koshland v. Columbia Ins. Co., 237 Mass. 467, 130 N.E. 41; Exchange Lemon Products Co. v. Home Insurance Co., 235 F.2d 558 (9th Cir., 1956); Williams v. Mannheim Ins. Co., 237 Mass. 477, 130 N.E. 45; Dealers Dairy Products Co. v. Royal Ins. Co. Ltd., 170 Ohio St. 336, 337, 164 N.E.2d 745, 80 A.L.R.2d 441.
In the present case the fire damage occurred after the house had been lowered onto, and all its weight was upon, the foundation at its final destination. The carrying timbers had been removed and the holes left by their removal filled in, 'thus completing the foundation walls except for a concrete pier between the garage door and the doorway.' No further movement of the house was required or anticipated and all actual movement of the house itself was completed. It would require a considerable stretch of the English language either for a layman or lawyer to hold that this house was in transit at the time the fire occurred. Neas v. Home Fire & Marine Ins. Co. of Cal., 135 F.Supp. 205 (N.D.Texas 1955). While there is a paucity of authorities on this question the result that we reach that the defendant is not liable under its policy to the plaintiff is supported by such analogous cases as exist. Gallagher, Inland Marine Transportation Policy: 'Transportation' and 'In Transit' Construed, 27 Ins. Counsel J., 467, 469 (1960); Annot. 80 A.L.R.2d 445.
The plaintiff's contention that his contract with the...
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