Casler v. . Connecticut Mutual Life Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the amount insured by a policy issued by the defendant upon the life of Nicholas Casler, of which the plaintiff was the assignee.
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Appeal from the Supreme Court. Action to recover the amount insured by a policy issued by the defendant upon the life of Nicholas Casler, of which the plaintiff was the assignee. One of the conditions of the policy was, in substance, that if the assured should pass beyond the settled limits of the United States (excepting into the settled limits of the British provinces of Canada, &c.), or visit parts of the United States lying south of the southern boundary of Virginia and Kentucky during certain periods of the year, then the policy should be void, The complaint averred the issuing of the…
1Opinion of the Court
It is claimed, by the counsel for the respondent, that the words "settled limits," as used in the policy, mean "establishedboundaries," and that they are susceptible of no other fair or reasonable interpretation. On the other hand, the defendant's counsel insists that these words are synonymous with the phrase, "the region of the settlements," and that, consequently, as the assured could only reach California by going into and passing through an unsettled region of the country, the policy was forfeited.
It is, on all hands, conceded that the place of Casler's decease was within the established…
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