The exemption of loss "by explosion of any, kind, by means of invasion," etc., means by explosion and invasion, etc., not explosion caused by invasion; Smiley v. Ins. Co., 14 W. Va. 33.
See Crvir., COMMOTION; INSURRECTION; IN VASION; MOS; RIOT; USURPED POWER.
Losses caused by the effort made to pre vent the destruction of property by fire must be borne by the insurers and not by the in sured ; Agnew v. Ins. Co., 3 Phila. (Pa.) 193 ; as by water; Lewis v. Ins. Co., 10 Gray (Mass.) 159 ; or theft ; Independent Mut. Ins. Co. v. Agnew, 34 Pa. 96, 75 Am. Dec. 638 ; Wither ell v. Ins. Co., 49 Me. 200 ; Newmark v. Fire & Life Ins. Co., 30 Mo. 160, 77 Am. Dec. 608 ; unless expressly excluded; Fernandez v. Ins. Co., 17 La. Ann. 131; or removal when required by due diligence, according to the circumstances ; Brady v. Ins. Co., 11 Mich. 425; Case v. Fire Ins. Co., 13 Ill. 676; (but see Hillier v. Ins. Co., 3 Pa. 470, 45 Am. Dec. 656) ; or falling of walls after an interval of a day ; 7 Sc. Sess. Cas., 1st ser. 52; but the fire must be the proximate cause ; Nave v. Ins. Co., 37 Mo. 429, 90 Am. Dec. 394. See Lewis v. Ins. Co., 10 Gray (Mass.) 159.
Insurance against fire covers a loss by the negligence of the insured not amounting to fraud; Cumberland Val. Mut. Protection Co. v. Douglas, 58 Pa. 419, 98 Am. Dec. 298. The contract of fire insurance is to be construed with reference to the laws of the state in which the property is situated and the policy issued; King Brick Mfg. Co. v. Ins. Co., 164 Mass. 291, 41 N. E. 277; Perry v. Ins. Co., 67 N. H. 291, 33 Atl. 731, 68 Am. St. Rep. 668.
An insane person cannot be held, in setting fire to his property, to have had such a fraud ulent or wrongful design as defeat the insurance thereon, though his estate may afterwards be called upon to respond for the act ; D'Autremont v. Fire Ass'n, 65 Hun 475, 20 N. Y. Supp. 344; Bindell v. Ins. Co., 128 Ky. 389, 108 S. W. 325, 17 L. R. A. (N. S.) 189, 129 Am. St. Rep. 303.
Marine Insurance. A contract of indem nity by which one party, for a stipulated premium, undertakes to indemnify the other, to the extent of the amount insured, against all perils of the sea, or certain enumerated perils, to which his ship, cargo, and freight, or some of them, may be exposed during a certain voyage or fixed period of time.
A contract of indemnity (not perfect but approximate ; 1 H. L. Cas. 287; 4 App. Cas. 755); against all losses accruing to the sub ject-matter of the policy from certain perils during the adventure. This subject-matter need not be strictly a property in the ship, goods, or freight ; 2 B. & P. N. R. 269 ; L. R. 7 Q. B. 302 ; any reasonable expectation of pecuniary profit from the preservation of the subject-matter is insurable as a marine risk ; as, where the joint owners of a vessel and cargo engaged in a joint adventure have a lien for their several interests and for ad vancements, each part-owner had an insur able interest in the joint venture; Interna tional Marine Ins. Co. v. Winsmore, 124 Pa. 61, 16 Atl. 516.
The insured must have a lawful interest at the time of the loss. See INSURABLE IN TEREST.
The contract is one recognized by the gen eral law and usage of nations, and therefore either native or alien may be insured. It was settled in England after much judicial discussion (and some temporary legislation) that the insurance of enemy's property is il legal ; 13 Yes. 64 ; see 3 Kent 254. The same rule was recognized by continental ju rists ; id. 255 ; Val. Com. ii. 32 ; and in this country ; Griswold v. Waddington, 16 Johns. (N. Y.) 438, where the subject was extensive ly discussed, and it is said that "it may be considered the established law of this coun try ;" 3 Kent 256. Such contracts, made be fore the outbreak of war, are annulled by it ; Snow, Lect. Int. L. 101.
Insurance by British underwriters of a foreign subject's treasure which is later captured by the foreign government of the insured, though war is afterwards declared between the two governments, is valid even though the seizure is made in contemplation of war and in order to support the war ; [1902] A. C. 484, affirming [1901] 2 K. B. 419 ; [1900] 2 Q. B. 339 ; so where the treasure belongs to a British subject insured by Brit ish underwriters but situated in a foreign hostile country ; [1901] 2 K. B. 849.