Gilbert v. Inter-Ocean Casualty Co.

(specially concurring).

The terms of an insurance policy should be so plain that “a wayfaring man, though a fool, need not err therein”; yet paragraph 17 of the policy- sued on has been the subject of construction in numerous courts, and no two have ever agreed upon its meaning. Dustin v. Interstate Business Men’s Accident Ass’n, 37 S.D. 635, 159 N.W. 395; L.R.A.1917B, 319; Aaberg v. Minnesota Commercial Men’s Ass’n, 161 Minn. 384, 201 N.W. 626; Wahl et al. v. Inter-State Business Men’s Accident Ass’n, 201 Iowa, 1355, 207 N.W. 395, 50 A.L.R. 1374; Provident Life & Accident Insurance Co. v.…