20170701
USURPED POWER
1.7.17
USURPED POWER, insurance. By an article of the printed proposals
which are considered as making a part of the contract of insurance it is
provided, that "No loss of damage by fire, happening by any invasion,
foreign enemy, or any military or usurped power whatsoever will be made
good by this company." Lord Chief J. Wilmot, Mr. Justice Clive, and Mr.
Justice Bathurst, against the opinion of Mr. Justice Gould, determined
that the true import of the words usurped power in the proviso, was an
invasion, from abroad, or an internal rebellion, where armies are drawn
up against each other, when the laws are silent, and when the firing of
towns becomes unavoidable; but that those words could not mean the power
of a common mob. 2 Marsh. Ins. 390.
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