237 Mass. 477 | Mass. | 1921
This is an action upon a contract of insurance. The plaintiffs are wool merchants in Boston. The material facts as to the method of business, custom of the trade, the initial purchases of wool in California, the intention of the plaintiffs as buyers ultimately to send it to Boston, its carriage to scouring mill and warehouses in Stockton in California, the processes to which it there was subjected, and its damage while in mill and warehouses by flood, are the same as in Koshland v. Columbia Ins. Co. ante, 467, just decided. They are set out at length in the opinion in that case, to which reference is made for their statement in detail and need not here be repeated.
The plaintiffs, at the time of the damage to their wool by flood, were insured by the policy issued by the defendant. The terms of the rider annexed to the policy insured the plaintiffs “on wool and bags also camel’s hair wool, nails and yarns, . . . against any and all risks of inland and lake navigation (including the Sound Steamers) fire and transportation, and to attach upon said property wherever it may be, whether ashore or afloat, or in railway cars, as soon as it is at the risk of the assured or their agents, from points in the United States to ports or places on the Atlantic or Gulf coasts, and to other points in the United States and/or until actually delivered to the assured at (but not in) their wool stores or warehouses in Boston, Mass, or to their customers. . . . This policy also covers shipments of wool and similar Merchandise when made by the assured from their own warehouses or other points to their customers in other parts of the United States to whom they have agreed to deliver such Merchandise. It is the intent of this insurance to fully indemnify the assured for any and all losses and damages, general average and salvage charges and expenses caused by the risks and perils insured against.” By other clauses of the policy reference is made to “the Carrier or other party in whose custody the property may be at the time of such loss,” to “the possession of any carrier or other bailee,” to “any carrier or other bailee,” and to “carrier or bailee.” In reaching a decision all parts of the policy must be considered and the established customs of the business conducted by the insured, so far as light may be thrown from any of these sources upon the precise point to be determined. The controlling principles of law and a review and citation of the relevant authorities
The places where the goods are protected under the policy are wide. All places within the United States are comprehended as points of departure and, as points of destination, any and all ports or places on the Atlantic or Gulf coasts and all other places within the United States, or while the goods are on their way to delivery to the warehouse of the insured in Boston or to their customers elsewhere within this country. The location of the goods while insured may be afloat or ashore or in railroad cars. The risks against which there is insurance are those arising from three distinct sources: (1) inland or lake navigation, (2) fire, (3) transportation. The risks of inland and lake navigation need not be discussed because no.loss was suffered therefrom. Those risks are confined to a wholly different place and a divergent class of dangers from that here involved. Subject to any statutory limitations (see R. L. c. 118, §§ 29, 80, now G. L. c. 175, §§ 47, 51, 152
It follows that the request of the defendant that a finding be made in its favor ought to have been granted. This is a case where upon the agreed facts no other result can be reached. Hence the defendant’s exceptions must be sustained and in accordance with G. L. c. 281, § 122, rescript shall direct entry of judgment for the defendant.
So ordered.
See also St. 1921, cc. 215, 277, approved after this decision.