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by assured in the same business, connected with the main structure by a movable bridge.

Marsh v. New Hampshire Ins. Co., 70 N. H. 590, 49 Atl. Rep. 88; Marsh v. Concord Ins. Co., 71 N. H. 253, 51 Atl. Rep. 898.

RULE 18.

Adjoining and Communicating as a Question of Fact. Where policy describes building and its additions “adjoining and communicating,” it may be a question of fact, and its determination as such by a jury will not be disturbed on appeal.

Carpenter v. Allemania Ins. Co., 156 Pa. St. 37, 26 Atl. Rep. 781, 22 Ins. L. J. 634.

RULE 19.

Consent to Addition Does not Increase Amount of Insurance.

Company's consent to the erection of an additional building does not operate to increase the amount of insurance, or as insurance thereon, when the amount of the policy is exhausted in its appropriation to several items specified in the policy as originally written.

Nappanee Furniture Co. v. Vernon Ins. Co., 10 Ind. App. 319, 37 N. E. Rep. 1061, 23 Ins. L. J. 871.

RULE 20.

Effect of Moving Part of Building,

A shed structure or “lean to” continues to be a part of a building described, although moved back about twenty feet, the intervening space being filled with an addition to the main building to within three feet of the shed and connected with it by a platform nailed to

both structures, with doors in each for convenient passage.

Gross v. Milwaukee Mechanics' Ins. Co., 92 Wis. 656, 66 N. W. Rep. 712, 25 Ins. L. J. 631.

RULE 21.

Certain Described Building Does not Include One Subsequently


A certain described building does not include or cover a building subsequently built, at the end with separate roof, and there being no access from one building to the other through the walls.

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Forbes v. American Ins. Co., 164 Mass. 402, 41 N. E. Rep. 656, 25 Ins. L. J. 101.

RULE 22.

Building Includes Connecting Walls. Policy covering building front and rear includes the connecting walls.

Monteleone v. Royal Ins. Co., 47 La. Ann. 1563, 18 So. Rep. 472, 24 Ins. L. J. 531.

RULE 23.

Knowledge of Company Wrong Description May be Immaterial.

Description of a building as "a three-story building,” is immaterial when the company had knowledge of the particular house intended, and when the basement, main floor, and attic may be counted each as a story;' and description as a shingle roof when in fact a clapboard roof is immaterial.2

1. Massell v. Protective Ins. Co., 19 R. I. 565, 35 Atl. Rep.

2. Morris v. Farmers' Ins. Co., 65 Mo. App. 632.

RULE 24.

Building Includes Permanent Fixtures.

“Building” includes immovable or permanent fixtures a part of it. There are three requisites to a fixture: first, actual annexation to the realty or something appurtenant thereto; second, application to the use or purpose for which this part of the realty with which it is connected is appropriated; third, the intention of the party making the annexation to make a permanent accession to the freehold. A furnace and boiler furnishing hot water, intended by owner as a permanent improvement to his house, and not easily detachable, are fixtures and a part of the building:

1. Capital City Ins. Co. v. Caldwell, 95 Ala. 77; Commercial Ins. Co. v. Allen, 80 Ala. 571; Hale v. Springfield Ins. Co., 46 Mo. App. 508; Adams v. Greenwich Ins. Co., 9 Hun, 45, affd., 70 N. Y. 166; Niagara Ins. Co. v. Heenan, 181 Ill. 575, 54 N. E. Rep. 1052.

2. Fitzgerald v. Atlanta Home Ins. Co., 61 App. Div. 350, 70 N. Y. Supp. 552.

3. West v. Farmers' Ins. Co., 117 Iowa, 147, 90 N. W. Rep. 523.

Whether fixtures ” are a part of the building insured depends upon the various relations borne by the assured, such as landlord and owner or tenant, mortgagor or mortgagee, heir or executor;, depending upon original intention and manner of annexation to the building. It must be determined by evidence in each case. Morotock Ins. Co. v. Rodefor, 92 Va. 747, 24 S. E. Rep. 393, 25 Ins. L. J. 529.

RULE 25.

Boiler, Engine, and Machinery. Boiler, engine, and machinery, built in and firmly attached to a building upon permanent foundations and inclosed in brick wall, form part of a building within meaning of valued insurance acts, requiring payment of full amount of insurance on buildings.

British-American Assur. Co. v. Bradford, 60 Kans. 82, 55 Pac. Rep. 335, 28 Ins. L. J. 262; Insurance Co. v. Luce, 11 Ohio C. C. 476.

RULE 26.

Intention as Affecting Permanent Fixtures.

The intention to make certain machinery a permanent part of the building to which it is attached must be gathered from the situation and circumstances surrounding the transaction, and from what was said and done at the time.

Washington Nat. Bank v. Smith, 15 Wash. 160, 45 Pac. Rep. 736, 26 Ins. L. J. 183.


Fixtures of a Tenant.

Where fixtures of a tenant are insured as such the company cannot claim that they are a part of the building belonging to the landlord.

Clark v. Svea Ins. Co., 102 Cal. 252, 30 Pac. Rep. 587, 23 Ins. L. J. 876.

RULE 28.

Store Fixtures.

Store fixtures is not to be determined by the meaning of the word “fixtures” as between landlord and tenant, mortgagor and mortgagee, etc., but is more comprehensive and includes store fittings or fixed furniture peculiarly adapted to make a room a store.

Thurston v. Union Ins. Co., 17 Fed. Rep. 127.

RULE 29.

Merchandise and Packages not Specifically Insured.

Description of property as merchandise and packages for same not specifically insured,” excludes poultry covered by another policy under the description of poultry and packages for same.”

Firemen's Fund Ins. Co. v. Western Refrigerating Co., 162 Ill. 322, 44 N. E. Rep. 746, revg. 55 Ill. App. 329.

RULE 30.

Construction of Description Broad and Liberal. The construction of the description of insured property should be broad and liberal in favor of the assured:

The word “implement” may include binding twine."

The word “grain” may include broom corn (but not the stalks after the seed or grain is threshed out and packed in bales).?

“Millet,” hay.3

“Grain and seed,” corn and flaxseed in form of oil cakes.*

“Furniture” may include a Japanese vase,' carpets, and bed clothing.

“Farming utensils” include a hay press.? Packages” may include milk cans.

“Furniture and family stores” include books and games, writing materials, child's swing, and walker.'

“Merchandise” kept for sale may include articles in use in store. 10

“Household furniture” includes goods, vessels, utensils, and other articles necessary or convenient for housekeeping. 11





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