Zurich General Accident & Liability Ins. v. Carlton & C. R.

There is no controversy regarding the accuracy of the computation of the amount claimed by plaintiff if its method of computation is .correct. Plaintiff does not dispute the correctness of defendant’s computation if its theory of the case is sound. Most of the assignments of error center around the proposition that oral testimony is not admissible to alter, modify or vary the terms of the policy because it is in writing. Defendant claims that the oral testimony admitted does not alter or vary the terms of the policy but serves two purposes: First, to place the court and jury in the place of…