Legal Opinion · Dissent

Soukup v. Employers' Liability Assurance Corp.

Supreme Court of Missouri

Decided July 30, 1937Published

1DissentTipton, J.

(dissenting). — I am unable to agtfee with the majority opinion and deem it expedient to express my views on this case.

Do these policies cover an occupational disease contracted by an employee of the defendant ? ‘ ‘ The construction of insurance contracts are governed by the same general rules as are applied to the ■construction of other written contracts. ‘The function of the courts is to construe them, not to make them.’ ” [Henderson v. Mass. Bonding & Ins. Co., 337 Mo. 1, 84 S. W. (2d) 922, l. c. 924.] Where possible, it is our duty to give every clause of the policy some meaning. Clause…

2Cases cited5 opinions

  1. Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
  2. Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
  3. State Ex Rel. Security Mutual Life Insurance v. AllenSupreme Court of Missouri · 1924
  4. Henderson v. Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1935
  5. Bank of Conception v. American Bonding Co.Missouri Court of Appeals · 1935

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