"contribution stock, the said sum of 400l. to her, and her ex"ecutors, administrators, and assigns, so often as the house "shall be burnt down within the said term, unless the direc❝tors should build the said house, and put it in as good plight "as before the fire ;" and on the back of the policy it was indorsed, that if this policy should be assigned, the assignment must be entered within twenty-one days after the making thereof. Mrs. Strode's lease expired at Midsummer 1740, the house was not burnt down till the January after 1740, and she made an assignment of the policy to the plaintiffs the 23d of February after 1740. The question is, Whether the plaintiffs, the assignees of Mrs. Strode, are entitled to the 40cl. or to have the house built again; or whether the house being burnt down after Mrs. Strode's property ceased in it, the Company are obliged to make good the loss to her assignee of the policy? The Company made an order, subsequent in time to Mrs. Strode's policy in 1738: "That, whereas policies expire "upon the property of the insured's ceasing, if there is no ap 66 plication of the insured to assign, or to have the loss made up, then the person having the property may insure the said "house in the said office, notwithstanding the term for which "the house was originally insured is expired." There was evidence read for the plaintiffs to show that they tendered the assignment to the defendants, to enter in their books, but they refused to accept of it. Lord Chancellor Hardwicke.-"During the progress of this cause, while the defendants seemed to depend chiefly upon the subsequent order, I was of opinion against them. But, upon hearing what was further offered, I think the plaintiffs are not entitled to be relieved. There may be three questions made in this cause. First, Whether this accident, which has happened, is such a loss, as obliges the defendants to make satisfaction to the plaintiffs? Secondly, Whether upon the terms of the original policy, the office is obliged to do it? Thirdly, which is rather consequential of the former, Whether the plaintiffs are properly assignees of Mrs. Strode under this policy? If this matter rested singly upon the policy itself, I should not think it such a loss, as would oblige the defendants to make satisfaction.Under this policy, the state of the case is, Mrs. Strode was only a lessee, her time expired at Midsummer 1740, the house was burnt down in January after, within the seven years; the plaintiffs, the Sadlers' Company, were ground landlords, and entitled to the reversion of the term: upon the 23d of February, seven months after the expiration of the term, and one month after the fire, the assignment was made, and in consideration of five shillings only; so that it must be taken as a voluntary assignment, as it stands before me. It has been insisted, on the part of the defendants, that the plaintiffs are not entitled to recover, as standing in the place of Mrs. Strode, because she had no loss or damage, her interest ceasing before the fire happened. And this introduces the second and third ques tions. I am of opinion, it is necessary the party insured should have an interest or property at the time of insuring, and at the time the fire happens. It has been said for the plaintiffs, that it is in nature of a wager laid by the insurance company, and that it does not signify to whom they pay, if lost. Now these insurances from fire have been introduced in later times, and therefore differ from insurance of ships, because there interest or no interest is almost constantly inserted, and if not inserted (a) you cannot recover, unless you prove a property. By the first clause in the deed of contribution in 1696, the year this society, called the Hand-in-Hand Office, incorporated themselves, the society are to make satisfaction in case of any loss by fire. To whom, or for what loss, are they to make satisfaction? Why, to the person insured, and for the loss he may have sustained; for it cannot properly be called insuring the thing, for there is no possibility of doing it, and therefore must mean insuring the person from damage. By the terms of the policy, the defendants might begin to build and repair within six days after the fire happens. It has been truly said, this gives the society an option to pay or rebuild, and shows most manifestly they meant to insure upon the property of the insured, because nobody else can give them leave to lay even a brick; for another person might fancy a house of a different kind. Thus it stands upon the original agree ment. The next question will be, whether the subsequent order, made by the defendants in 1738, has made any alters (a) This case was decided in the year 1743, previous to the passing of the statute of 19 Geo. 2. ch. 37. tion. I am of opinion it has not, for it was made only to explain a particular case in the policy: for it might have been a question, whether Mrs. Strode could have come, before the expiration of the term, to examine the books of the office, and therefore this order was made to give her such a power. It has been strongly objected that the society could not make such an order. I am very tender of saying, whether they can or not. Because, on one hand, it might be hard to say, that as a society they cannot make any order for the good of the society on the other hand, it would be a dangerous thing to give them a power to make an alteration, that may materially vary the interest of the insured. The assignment is not at all within the terms of this order, because it is plain, it meant an assignment before the loss happened. Now with regard to the loss happening before the assignment made, Mrs. Strode was entitled to nothing but what was to be paid back upon the deposit. It is plain she thought so, for if she had imagined she had been entitled to 400l. would any friend have advised her to make a present of it to the plaintiff? The case of Lynch v. Vide supra. Dalzell, in the House of Lords, shows how strict this Court and that House are, in the construction of policies, to avoid frauds. The bill here must be dismissed." In the body of the policy, the company acknowledge the receipt of the premium at the time of making the insurance: and by the printed proposals of the different societies, it is expressly stipulated, that no insurance shall take place, till the premium be actually paid by the insured, his, her, or their agent or agents. This premium or consideration money is in all the offices at the rate of two shillings per cent. for any sum not exceeding 1000l. and two shillings and sixpence from 1000l.upwards. But this must be understood to mean the premium upon common insurances only: for upon hazardous trades, and wooden buildings, &c. the premium is proportioned to the risk. Besides this, by a late act of parliament, a duty of one shilling and sixpence per annum is laid upon every hundred pounds of property insured from fire. By a more modern statute, an additional duty of sixpence, for every sum of one hundred pounds insured, is imposed, making in the whole two shillings per cent. The duty imposed by the first act is not to extend to publick hospitals. Ante, c. I. 37 Geo. 3. c. 90. s. 23. Sect. 24. Vide ante, c. 9. We have formerly seen, that whenever the risk to be run was entire, there never was a return of premium, though the contract should cease and determine the next day after its commencement. This rule applies to insurances against fire, which generally are made for one entire and connected portion of time, which cannot be severed: and therefore if the property insured should be destroyed by fire, arising from the act of a foreign enemy, the very day after the commencement of the policy, though the underwriter would be discharged, yet there can be no apportionment or return of premium. By a statute passed in the reign of His present Majesty, the stamp duties on policies for insuring houses, furniture, goods, wares and merchandizes, or other property from loss by fire, are repealed; and instead thereof it is provided, that for every policy of assurance from loss by fire, where the sum insured shall not amount to 1000l. the sum of three shillings; and where the sum insured shall amount to 1000l. or upwards, the sum of six shillings shall be paid. As the purest equity and good faith are essentially requisite, as has been already shown, to render the contract effectual when it relates to marine insurances; so it need hardly be observed, that it is no less essential to the validity of the policy against fire: because in the latter, as well as in the former, the insurer, from the nature of the thing, is obliged, in a great mea sure, to rely upon the integrity and honesty of the insured, as to the representation of the value and quantity of the property, which is the object of the insurance. APPENDIX, No. I Policy of Insurance on Ship or Goods. JK the Name of God, Amen. as well in own Name, as for and in the Name and Names of all and every other Person or Persons to whom the same doth, may, or shall appertain, in Part or in All, doth make Assurance, and cause and them and every of them to be insured, lost, or not lost, at and from upon any Kind of Goods and Merchandizes, and also upon the Body, Tackle, Apparel, Ordnance, Munition, Artillery, Boat and other Furniture, of and in the good Ship or Vessel called the whereof is Master, under God, for this present Voyage, or whosoever else shall go for Master in the said Ship, or by whatsoever other Name or Names the same ship, or the Master thereof, is or shall be named or called; beginning the Adventure upon the said Goods and Merchandizes from the loading thereof aboard the said Ship, the said Ship, &c. upon and so shall continue and endure, during her Abode there, upon the said Ship, &c. And farther, until the said Ship, with all her Ordnance, Tackle, Ap parel, &c. and Goods and Merchandizes whatsoever, shall be arrived at upon the said Ship, &c. until she hath moored at Anchor Twenty-four Hours in good Safety; and upon the Goods and Merchandizes, until the same be there discharged and safely landed. And it shall be lawful for the said Ship, &c. in this voyage, to proceed and sail to and touch and stay at any Ports and Places whatsoever without Prejudice to this Insurance, the said Ship, &c. Goods and Merchandizes, &c. for so much as concerns the Assureds by Agreement between the Assureds and Assurers in this Policy are and shall be valued at Touching the Adventures and Perils which we the Assurers are contented to bear, and do take upon us in this Voyage, they are of the Seas, Men of War, Fire, Enemies, Pirates, XX 4 |