Crowell v. Maryland Motor Car Insurance
Supreme Court of North Carolina
Appeal by defendant from Uliww, J., at October Term, 1914, of MeckleNbueg. Tbe defendant insured tbe plaintiff’s motor car and accessories for $1,000, under a policy wbicb, by its eigbtb clause, provided as follows; “Tbe motor car hereby insured will not be rented or used for passenger service of any kind for bire, except by special consent of tbis company indorsed bereon in writing.”
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Appeal by defendant from Uliww, J., at October Term, 1914, of MeckleNbueg. Tbe defendant insured tbe plaintiff’s motor car and accessories for $1,000, under a policy wbicb, by its eigbtb clause, provided as follows; “Tbe motor car hereby insured will not be rented or used for passenger service of any kind for bire, except by special consent of tbis company indorsed bereon in writing.” The tenth and eleventh clauses declare that the policy shall be void if there be false representation or concealment in certain particulars set forth, or any fraud or false swearing about any matter relating to…
1Opinion of the Court
Waleee, J.,
after stating tbe ease: We find no material error in the trial of this ease, and have concluded, after patient consideration of the facts, that substantial justice has been done, and in accordance with well settled principles of the law. A policy of insurance, it may be said generally, should be interpreted by the rules which are applicable to other written contracts for the purpose of ascertaining and giving effect to the real intention of the parties. We have said that it should be construed strictly against the insurer and favorably to the insured, when there is doubt or…
2Cases cited6 opinions
- Liverpool & London & Globe Insurance v. KearneySupreme Court of the United States · 1901
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
- Forest City Insurance v. HardestyIllinois Supreme Court · 1899
- Cottingham v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- William H. Hendrix v. New Amsterdam Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1968
- Masonic Accident Insurance v. JacksonIndiana Supreme Court · 1929
- Drewek v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1932
- McDowell Motor Co. v. New York Underwriters InsuranceSupreme Court of North Carolina · 1951
- Jolley v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1930
27 more not listed; retrieve them via the Exa API.