Rann v. Home Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme .Court, in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee. • This action was brought upon a policy of insurance, issued by defendant to William Rann, plaintiffs’ testator. The policy was issued September 14, 1870, for the sum of $1,500, term, three years, upon a dwelling-house owned by Rann.
Read the full summary
Appeal from order of the General Term of the Supreme .Court, in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee. • This action was brought upon a policy of insurance, issued by defendant to William Rann, plaintiffs’ testator. The policy was issued September 14, 1870, for the sum of $1,500, term, three years, upon a dwelling-house owned by Rann. The policy contained this clause: “ Builders' Bisk. — The working of carpenters, roofers, tinsmiths, gasfitters, plumbers, or other mechanics, in building altering or repairing the…
1Opinion of the CourtAllen, J.
Insurers have the right to insist upon the due observance of every condition to which the assured has assented by accepting the policy or ■ otherwise, and to the benefit of every restriction and limitation upon their liability, provided for in the contract of insurance. In the interpretation of conditions inserted in and making a part of the contract by insurers and in language chosen by them, care should be taken that a strained' and unnatural effect- should not be given to words and terms to the prejudice of the insured, and in no case should they be extended by implication, so as to…
2Cited by9 opinions
- Beekman v. . BonsorNew York Court of Appeals · 1861
- Trustees of the M. E. Protestant Church v. AdamsOregon Supreme Court · 1870
- Frierson v. General Assembly of the Presbyterian Church in the United StatesTennessee Supreme Court · 1872
- Smith v. . WhiteNew York Court of Appeals · 1861
- Beekman v. BonsorNew York Court of Appeals · 1861
4 more not listed; retrieve them via the Exa API.