Atlantic Insurance v. Manning
Supreme Court of Colorado
Error to Probate Court of Arapahoe County. This was an action of assumpsit brought by Gfeorge Manning, the defendant in error, against the Atlantic Insurance Company, the plaintiff in error, upon a policy of insurance. It appeared on the trial that on the 23d day of November, 1874, Manning procured of the Atlantic Insurance Company a policy of insurance on a house owned by him in the town of Evans, Weld county, Colorado.
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Error to Probate Court of Arapahoe County. This was an action of assumpsit brought by Gfeorge Manning, the defendant in error, against the Atlantic Insurance Company, the plaintiff in error, upon a policy of insurance. It appeared on the trial that on the 23d day of November, 1874, Manning procured of the Atlantic Insurance Company a policy of insurance on a house owned by him in the town of Evans, Weld county, Colorado. The policy was for the sum of $1,500, and was for the period of one year from November 23d, 1874. About the 24th of December, 1874, tlie house covered by the policy was…
1Opinion of the CourtElbert, J.
Under the authorities the construction placed by the court below upon the clause of the policy in controversy must be sustained.
In the case of the North American Insurance Company v. Zaenger, 63 Ill. 465, the clause construed is in language, grammatical structure and punctuation, similar to the one under consideration. The rule of construction adopted by the supreme court in the case of Insurance Co. v. Slaughter, 12 Wall. 404, is also clearly applicable in this case. At best the clause in question must be held to be ambiguous, that *227is to say, a case where the judgment hesitates between two…
2Cases cited3 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
- Insurance Company v. SlaughterSupreme Court of the United States · 1871
3Cited by24 opinions
- Preferred Accident Insurance v. FieldingSupreme Court of Colorado · 1905
- California Ins. v. GraceySupreme Court of Colorado · 1890
- National Mutual Fire Insurance v. SpragueSupreme Court of Colorado · 1907
- Hartford Fire Insurance v. HammondSupreme Court of Colorado · 1907
- Federal Life Insurance v. WellsSupreme Court of Colorado · 1936
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