Ocean Accident & Guarantee Corp. v. Piedmont Railway & Electric Co.
Supreme Court of North Carolina
Civtl actioh, tried before Gdivert, Jat January Term, 1920, of ALAMANCE. Plaintiff, on or about 29 June, 1915, issuéd and delivered to tbe defendant, Piedmont Railway and Electric Company, a public liability insurance policy, set out in tbe record.
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Civtl actioh, tried before Gdivert, Jat January Term, 1920, of ALAMANCE. Plaintiff, on or about 29 June, 1915, issuéd and delivered to tbe defendant, Piedmont Railway and Electric Company, a public liability insurance policy, set out in tbe record. Tbe premium to be paid for tbis liability insurance was nine dollars ($9) per eacb one hundred dollars ($100) of compensation of said defendant to its employees working at and in tbe places covered by said insurance, as per its three monthly payrolls. Plaintiff sues for a balance alleged to be due on tbe premium, and alleges that tbis three monthly…
1Opinion of the Court
Walker, J.,
after stating the facts as above: We are required, in construing this policy, to examine the entire writing and to base our conclusion as to its meaning upon the contract as a whole. The language of the instrument is very comprehensive, and, when properly construed, it embraces all kinds' of work and operation and all risks arising therefrom, except those in connection with the defendant’s street railway, or its power lines. If the exception was intended to cover other operations or other risks, why was it not expressed in the writing. The language of the exception is very clear…
2Cases cited5 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
- Clements v. Life Insurance Co.Supreme Court of North Carolina · 1911
- Bray v. Insurance Co.Supreme Court of North Carolina · 1905
- Wilson v. Life Insurance Co.Supreme Court of North Carolina · 1911
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- Forest City Building & Loan Ass'n v. DavisSupreme Court of North Carolina · 1926
- Baum v. North River InsuranceSupreme Court of North Carolina · 1931
- McNeal v. Life & Casualty InsuranceSupreme Court of North Carolina · 1926
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