U S Fidelity & Guaranty Co. v. Guenther

HICKENLOOPER, Circuit Judge.

Passing, the contention that the ordinance does not “fix an .age limit” for the operation of an automobile, per se, the sole remaining question for determination is one of construction, whether this phrase of the policy was intended to preclude liability where the age limit is fixed by municipal ordinance and no limit is fixed by state statute. Manifestly the provision is “to be construed according to the sense and meaning of the terms which the parties have used, and if they_ are clear and unambiguous.. their terms are to be taken and understood in their p.lain,…