Citations
- 66 Ohio App. 284
Full opinion text
Hamilton, P. J.
These lawsuits were tried together by the trial court, without the intervention of a jury. They involved the liability on four policies of tornado insurance.
It appears from the record that the plaintiff was the owner of a barge, which he had purchased for the purpose of constructing and establishing a so-called night club and barge to be tied to the Ohio river bank. He constructed on the barge a superstructure in the form of a dance floor, with equipment for refreshments and orchestral accommodations. He moored the barge on' the Ohio side of the river, at the foot of Main or Sycamore streets.
Through an agent, authorized to solicit insurance, plaintiff took out four joint fire and tornado insurance policies; two for $1000 each and two for $500 each.
Separate suits were filed, as above indicated against each of the insurance companies for the amount named in the policy.
The trial resulted in a judgment for the full amount of each policy in all of the cases.
Appeals on questions of law were taken to this court by the insurance companies, defendants, and since these appeals involve the same questions of law and the same assignments of error, they were presented together and are considered together in this court.
The cases were heard in the trial court on the petitions and amendments thereto and the answer of the defendant in each of the cases.
The policies each contained the following provisions:
“* * * the two story frame approved roof barge, including plumbing, electrical wiring and stationary heating, lighting, ventilating and refrigerating equipment and apparatus and fixtures therein; signs and awnings, door and window screens, storm doors and windows belonging to the above described building, while attached thereto or stored therein; stationary scales and elevators and all permanent fixtures belonging to and constituting a part of said building, situated on the Ohio river at the foot of Main street, Cincinnati, Ohio, and occupied principally as a dance hall.
“It is understood that awnings are excluded from coverage under tornado contract.
“# # # against all direct loss or damage by windstorm, cyclone and tornado, except as hereinafter provided, * * * to the following described property while located and contained as described herein, and not elsewhere.
“* * * nor for loss or damage occasioned directly or indirectly by or through any explosion, tidal wave, high water, overflow, cloudburst, theft; nor for any loss or damage, caused by water or rain, whether driven by wind or not, unless the building insured, or containing the property insured, shall first sustain an actual damage to the roof or walls by the direct force of the wind, and shall then be liable only for such damage to the interior of the building or the insured property therein, as may be caused by water or rain entering the building through openings in the roof or walls ■ made by direct action of the wind, or by water from sprinkler or other piping broken by such damage to roof or walls.