Legal Opinion

American Financial Corp. v. Fireman's Fund Ins.

Ohio Supreme Court

Decided July 10, 1968No. 41148PublishedCited by 61 opinions

1Opinion of the CourtMatthias, J.

The question raised is due to the fact that the policy of insurance in the instant case contained the following provision:

“This company shall not be liable for loss resulting from:
“(1) any occurrence taking place more than ten (10) days after the insured had knowledge that an error or accidental omission had occurred * * *.”

It is a fundamental rule of law that a contract of insurance prepared by an insurer and in language selected by the insurer must be construed liberally in favor of the insured and strictly against the insurer if the language used is doubtful, uncertain or ambiguous.…

2Cases cited2 opinions

  1. Home Indemnity Co. v. Village of PlymouthOhio Supreme Court · 1945
  2. Munchick v. Fidelity & Casualty Co.Ohio Supreme Court · 1965

3Cited by61 opinions

  1. Gomolka v. State Automobile Mutual InsuranceOhio Supreme Court · 1982
  2. Andersen v. Highland House Co.Ohio Supreme Court · 2001
  3. Pure Tech Systems, Inc. v. Mt. Hawley InsuranceCourt of Appeals for the Sixth Circuit · 2004
  4. Lane v. Grange Mutual CompaniesOhio Supreme Court · 1989
  5. Westfield Insurance v. HunterOhio Supreme Court · 2011

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