LEVY v. ASSICURAZIONE GENERALI.

(1940) 67 Ll.L.Rep. 174

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Lord Thankerton, Lord Justice Luxmoore and Sir Philip Macdonell.

Fire insurance-Loss-Claim-Exceptions clause in policy - Onus of proof - Insurance by appellant of merchandise in warehouse at Jaffa-Loss or damage arising directly or indirectly from (inter alia) earthquake, hurricane, war, hostilities or warlike operations, civil commotion-"Any loss or damage happening during the existence of abnormal conditions . . . arising out of or in connection with any of the said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the insured shall prove that such loss or damage happened independently of the existence of such abnormal conditions. In any action, suit or other proceeding, where the company alleges that by reason of the provisions of this condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the insured"- Fire-Liability under policy denied by respondent insurance company - Contention that one or other of the above occurrences existed at time of fire - Contractual onus of proof - Whether upon appellant or respondents-Civil commotion-Appeal from judgment of Sup. Ct. of Palestine (reversing Dist. Ct. of Jaffa) dismissing claim under policy.