Legal Opinion · Dissent

Canal Insurance Company v. James C. Dougherty, D/B/A East Coast Hatching Egg Express

Court of Appeals for the Fifth Circuit

Decided August 13, 1957No. 16230_1Published

1DissentJohn R. Brown, Circuit Judge

I must, with deference, dissent from the Court’s action on the issue of reinstatement. As I view it, the decision ignores the fact that the language used can be read in at least two ways. With that choice open, the decision seems to me to abandon the Florida and universal rule of choosing the construction which broadens, not lessens, coverage. And Worse, as I read it, it adopts a construction which produces incongruous absurdities with no real benefit to either party but which cause the policy to fail in the historic function of insurance to meet the needs of the business being insured.

At the…

2Cases cited6 opinions

  1. Bisso v. Inland Waterways Corp.Supreme Court of the United States · 1955
  2. Lanasa Fruit Steamship & Importing Co. v. Universal InsuranceSupreme Court of the United States · 1938
  3. Boston Metals Co. v. the Winding GulfSupreme Court of the United States · 1955
  4. Poole v. the Travelers Ins. Co.Supreme Court of Florida · 1937
  5. New York Life Insurance Company v. Argia G. Jones, a WidowCourt of Appeals for the Fifth Circuit · 1955

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