Legal Opinion

Metropolitan Accident Ass'n v. Froiland

Appellate Court of Illinois

Decided July 5, 1895PublishedCited by 3 opinions

Assumpsit, on a policy of insurance. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Haneoy, Judge, presiding. Heard in this court at the March term, 1895.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

Insurance policies are to be liberally construed in favor of the insured so as not to defeat, without a plain necessity, the claim to the indemnity, which, in making the insurance, it was the object to secure. When the words are, without violence, susceptible of two interpretations, that which will sustain the claim and cover the loss must, in preference, be adopted.

Having in view this rule of construction, the Supreme Court of this State in Healey v. Mutual Accident Association, 133 Ill. 556, held that a death occasioned by the…

2Cases cited6 opinions

  1. Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
  2. Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
  3. Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
  4. Ætna Insurance v. MaguireIllinois Supreme Court · 1869
  5. Tomlinson v. EarnshawIllinois Supreme Court · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Cory v. Woodmen Accident Co.Appellate Court of Illinois · 1928
  2. Wheatley, Buck & Co. v. Chicago Trust & Savings BankAppellate Court of Illinois · 1896
  3. Grand Lodge of Ancient Order of United Workmen v. BagleyAppellate Court of Illinois · 1895

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