Continental Casualty Co. v. Lolley

The pivotal point upon which the decision in this case turns is whether or not the phrase “fixed by law,” as used in the contract of insurance, is ambiguous. I am not in accord with the view of the Supreme Court of the United States in the case of United States Fidelity & Guaranty Co. v. Guenther, 281 U. S. 34, 74 L. Ed. 683, 72 A. L. R. 1064, wherein the court, in dealing with a situation practically identical with that presented here, held that the phrase is free from ambiguity. The question before us is not a federal question, and while the decision of the highest federal court is entitled…