Sheanon v. Pacific Mutual Life Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dame County. Action upon a policy of insurance against accident. The defendant appeals from an order overruling a general demurrer to tbe complaint: The facts stated in the complaint will sufficiently appear from the opinion. as to the construction given the words, “ total loss ” and “ wholly destroyed,” in analogous cases, cited Carr v. Providence W. Ins. Go. 88 Hun, 86; Levy v. Merchants' M. Ins.
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APPEAL from the Circuit Court for Dame County. Action upon a policy of insurance against accident. The defendant appeals from an order overruling a general demurrer to tbe complaint: The facts stated in the complaint will sufficiently appear from the opinion. as to the construction given the words, “ total loss ” and “ wholly destroyed,” in analogous cases, cited Carr v. Providence W. Ins. Go. 88 Hun, 86; Levy v. Merchants' M. Ins. Go. 52 L. T. 268; O'Leary v. Stymest, 6 Allen (N. 33.), 289; Snow v. Union M. M. Ins. Go. 119 Mass. 592; Li/oermore v. Newburyport M. Ins. Go. 1 id. 278; Insurance…
1Opinion of the CourtCole, C. J.
It is almost superfluous to say that the construction of a policy of life or accident insurance is governed by the same rules as those which are applicable to the construction of other written contracts; that is, they should be construed according to the sense and meaning of the language used, in order to carry out the intention of the parties to the contract, when ascertained. And it is doubtless true that, in arriving at the intention of the parties, the language is to be understood in its ordinary and popular sense, unless it appears that it was used in some special or peculiar sense.…
2Cited by34 opinions
- Muse v. Metropolitan Life Ins. Co.Supreme Court of Louisiana · 1939
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Scott M Cain v. Waste Management IncMichigan Supreme Court · 2005
- Sneck v. Travellers' InsuranceNew York Supreme Court · 1895
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