Taylor v. Northwestern National Insurance

BEASLY, J.,

pro tem.

This is an appeal from a judgment for plaintiff upon a policy of insurance written by defendant in favor of plaintiff. At the time the policy was issued the plaintiff owned a grocery-store in a one-story frame building in Alameda County. About three months after the date of the policy, a small shed was erected upon the same property with the store covered by the policy. Into this shed a part of the stock of groceries of the store were placed and kept. The shed was subsequently burned.

The trial court found that the shed was an addition to the store within the meaning of the word “addition” as it was used in the policy. The point made here is that this finding is not supported by the evidence.

Under the caption “Country Store Building and Contents Policy Form,” the policy, among other things, provided for insurance ‘‘ On the one-story frame building and its additions, adjoining and communicating, including foundations, piping, plumbing, stationary heating apparatus, electric wiring and fixtures and all other permanent improvements and fixtures attached to and forming a part of said building, occupied as a Grocery Store, situate on the Southwest corner of Forty-first Avenue and Foothill Boulevard, Oakland, California;

“On Store and office furniture and fixtures, of every description, including safes, signs, cash registers, typewriting machines, stationery, office supplies, and utensils in use, all contained in or attached to the above described building and its additions;

[473]

“On stock of Groceries and other merchandise, including merchandise held in trust, or on commission, or sold but not delivered, all contained in the above-described building and its additions.

“Permission is granted for mechanics or artisans to make alterations or repairs to the within described building for more than fifteen (15) days at any one time, and to build additions, this policy to cover on and in same, under the respective terms hereof.”

The court found that the damage by the fire was done to the stock of groceries contained in the shed above referred to; that the building was about 12x14 feet in size and erected upon the same premises and at a distance of about seven feet from the original building mentioned in the policy; that it was erected for the purpose of storing a part of the groceries covered by the policy and a portion of the stock contained in the original store building at the time the policy was issued. The trial court further found that this shed or building was communicating and connected with the one-story frame building described in said policy, only in manner as follows: