Home > Journals > Michigan Law Review > MLR > Volume 34 > Issue 1 (1935)
Abstract
The plaintiff had insured certain household goods against fire under a standard policy with the defendant company. One day a burning cigarette was found beneath a smoking-stand and on a rug which was included among the insured articles; it had burned a small hole in the rug, for which damage the defendant company refused to pay and plaintiff brought suit. The company claimed that the fire in the cigarette was a "friendly" fire, and that in order to show a right to a recovery the plaintiff must prove that the damage was done by a secondary, or "hostile," fire set by the fire in the cigarette. Held, that the burning cigarette, being on the floor, was a "fire out of place" and itself a "hostile" fire, and the damage done by it was recoverable. Swerling v. Connecticut Fire Ins. Co., (R. I. 1935) 180 A. 343.
Recommended Citation
INSURANCE - FRIENDLY FIRES - CIGARETTE SCORCH CLAIMS,
34
Mich. L. Rev.
135
(1935).
Available at:
https://repository.law.umich.edu/mlr/vol34/iss1/21