Henderson Lighting & Power Co. v. Maryland Casualty Co.
Supreme Court of North Carolina
Appeal from D. L. Ward, J., at the May Term, 1910, of VaNCe. Tbis action was brought on a policy of insurance to recover a loss alleged to have been sustained by the plaintiff.
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Appeal from D. L. Ward, J., at the May Term, 1910, of VaNCe. Tbis action was brought on a policy of insurance to recover a loss alleged to have been sustained by the plaintiff. In October, 1907, Walter H. Briscoe was injured by falling into a sunken tub or shallow well of hot water on the land of J. H. Bridgers, in Henderson, N. O., a narrow strip of land four feet wide between the Henderson Amusement Company building or theatre and the land of the Henderson Lighting and Power Company. The well was located and placed by the amusement company for its own purposes when its theatre was erected,…
1Opinion of the Court
Walkeb, J.,
after stating the case. The general rule of construction applied by the courts to all contracts of insurance is that while, like other contracts, they should be so construed as to give effect to the intention of the parties, yet where there exists any doubt as to that intention, it is always to be resolved strictly against the insurer and in favor of the insured. Yance on Insurance, 429. When, however, the intention is clearly stated, it should be enforced according to the will of the parties as thus expressed, for in such a case there is no room for construction. The terms of the…
2Cases cited10 opinions
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Briscoe v. Henderson Lighting & Power Co.Supreme Court of North Carolina · 1908
- Davison v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1908
- Cornell v. . Travelers' Ins. Co.New York Court of Appeals · 1903
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3Cited by3 opinions
- Lumbermen's Mutual Casualty Co. v. McCarthySupreme Court of New Hampshire · 1939
- Indemnity Insurance v. Prairie State BankAppellate Court of Illinois · 1949
- Duke Power Co. v. Indemnity InsuranceDistrict Court, W.D. North Carolina · 1955