Western Insurance v. Cropper
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of covenant by Zerobabel H. H. Cropper and Thomas J. Cropper, trading as Cropper & Brother, against The Western Insurance Company, upon a policy of insurance for $3500, upon the hull, tackle, machinery, and apparel of the propeller E. J. Dupont, at and from Baltimore to New York. The declaration averred a total loss by perils of the sea.
Read the full summary
Error to the District Court of Philadelphia. This was an action of covenant by Zerobabel H. H. Cropper and Thomas J. Cropper, trading as Cropper & Brother, against The Western Insurance Company, upon a policy of insurance for $3500, upon the hull, tackle, machinery, and apparel of the propeller E. J. Dupont, at and from Baltimore to New York. The declaration averred a total loss by perils of the sea. The policy contained the following clause: — “ It is understood that this company is not liable for any breakage or derangement of the engine or bursting of the boiler or any of the parts…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
The inquiry raised by the pleadings relates to the *355extent of the exception inserted in the policy. It is entirely a question of construction. The contract was one of insurance upon the hull, tackle, machinery, and apparel of a steam propeller, but it stipulates for exemption from liability for certain losses. The stipulation was inserted by the underwriters, and was intended for their benefit. If it be obscure, it is their fault. If it be capable of two interpretations, equally reasonable, that must be adopted which is most favourable to…
2Cited by12 opinions
- Stonsz v. Equitable Life Assurance Society of the United StatesSupreme Court of Pennsylvania · 1936
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- United States Fidelity & Guaranty Co. v. Mason & Dulion Co.Supreme Court of Alabama · 1962
- McAvoy Vitrified Brick Co. v. North American Life Assurance Co.Supreme Court of Pennsylvania · 1959
- Underwood v. BuzbyDistrict Court, E.D. Pennsylvania · 1955
7 more not listed; retrieve them via the Exa API.