Bauman v. Midland Union Insurance

The plaintiffs’ appeal presents the sole question of whether there was prejudicial error in the instructions of the trial court to the jury which justified the trial court in granting a new trial.

The particular instructions to the jury, which the trial court later determined were erroneous, read as follows:

“If there is any doubt as to the meaning of any term or word used in an insurance policy, the doubt will be resolved in favor of the one who is insured by the policy rather than in favor of the insurance company.” And

“When a policy of insurance is capable of two meanings, that which is most…