Orenstein Arthur Koppel Ltd v Sala Mander Fire Insurance Co Ltd [1915] ZATPD 86 (11 November 1915)

Reported
Flynote

Insurance -Fire policy.-Liability except for damage in consequence of civil commotion or occasioned thereby.-Meaning of civil commotion- In consequence of " - " Occasioned there by."

Case summary

A claim in an insurance policy provided that the insurance company was not liable for loss or damage by fire during or in consequence of civil commotion,
unless it be proved by the insured that the loss or damage was not occasioned thereby. Held, that as the clause had been taken over from English policies,
the English meaning of the words " civil commotion " must govern; Held, further, that the essential elements of civil commotion are the rising of a considerable
portion of the people for general purposes of mischief; that actual violence was not necessary, and that threatened violence or a tendency to violence was sufficient; Held, further, that the words "in consequence of" and " occasioned thereby" included any loss arising incidentally out of a state of civil commotion. Lind.~ay and Pirie. v. G(meral Accident Fire and Life assurance Corporation,
Ltd. (1914, A.D. 574), followed and applied.


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