OF THE RISK IN FIRE INSURANCE. 225 



of insurance vary according to the subject of the contract, 

 and commence at the time and place mentioned in the 

 policy, or from the date of the policy, if there be no mention 

 of time. 



179. Of the Risk in Fire Insurance. — The risks in fire 



insurance are against fire, or by means of fire, such e.g., as 



by smoke, occurring within the stipulated period and not 

 excepted in the policy.(a) But where there is no ignition 

 the loss is held not to be caused by fire ; and, accordingly, 

 injury by the over-heating of a flue,(6) or by explosion in 

 neighbouring premises, is not covered ;(c) there must be 

 actual ignition. But incidental damage to a horse, occasioned 

 directly by a fire, such as its taking cold by being removed 

 from a burning stable into the open air, or by water (c?) used 

 to extinguish a fire, or damage by a wall or beam, injured by 

 fire, falling on it, would be recoverable under " loss by means 

 of fire. "(e) Where, however, the cause of injury is too 

 remote from the damage sustained, it will not be recoverable ; 

 thus, a claim for loss of hire,(/) or use of a horse damaged 

 by fire, would not be covered, except by express stipula- 

 tion to that effect, nor the loss of possible profits by 

 sale.C^r) 



The usual exceptions in fire policies are loss occasioned 

 by, or happening through invasion, foreign enemy, riot, or 

 civil commotion. 



Loss by ignition resulting from lightning is covered by a 

 pohcy insuring against danger by fire, or by fire from light- 



(a) Justice Gushing in Scripture v. Lowell, <Cr., Insurance Co., 10 Gush. (Mass.) 

 356, cited in May on Insurance, p. 620, note 5. 



(b) Austin v. Drciv, 1815, 4 Gamp. 300. 



(c) Everett v. London Assurance Co., 1865, 19 G.B., N.S. 126 ; but see opinion 

 of Justice Gushing, ut sup. 



(d) May on Insurance, § 404. 



(e) Johnston v. W. Scot. Insurance Co., 1828, 7 S. 52. 

 (/) Wright V. Pole, 1834, 1 A. and E. 621. 



ig) Menzies v. N. B. Insurance Co., 1847, 9 D. 694. 



