Peterson v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Calhoun District Court. — .Hon. F. M. Powers, J udge. Action on a certificate of membership in a fraternal insurance company to recover a specific indemnity for the breaking of a leg. Trial to tbe court without a jury. Judgment for plaintiff, and defendant appeals.
1DissentWeaver, J.
(dissenting).— Among the most familiar rales of the law of insurance is that which requires the courts to construe every ambiguous and doubtful provision of the policy most strongly against the insurer. The company itself frames the instrument in language of its own choosing, and it brings to that effort the skill bom of experience and the aid of learned and astute counsel. The average man to whom that contract is tendered is unlearned in such matters, and he accepts it for what it seems to say; relying upon the company, or upon the agent, who is usually his neighbor, to act in good faith and…
2Cases cited15 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Turner v. Fidelity & Casualty Co.Michigan Supreme Court · 1897
- Young v. Travelers InsuranceSupreme Judicial Court of Maine · 1888
- Meyer v. Fidelity & Casualty Co.Supreme Court of Iowa · 1895
- Travelers' Insurance v. DunlapIllinois Supreme Court · 1896
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