Garrebrant v. Continental Insurance
Supreme Court of New Jersey
On error to the Supreme Court. Action upon a policy of fire insurance of the standard form. The defences were that the policy was rendered void by the use of gasoline, and that no appraisement and award had been made as required by the policy. There was a verdict for the plaintiff for the full amount of the policy.
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On error to the Supreme Court. Action upon a policy of fire insurance of the standard form. The defences were that the policy was rendered void by the use of gasoline, and that no appraisement and award had been made as required by the policy. There was a verdict for the plaintiff for the full amount of the policy. The fire seems to have been caused by the use of a gasoline torch by a painter, who had been employed to paint the building insured by the policy and to remove the old paint. He began work May 23d. The fire occurred the next day. After the fire the parties entered into an appraisal…
1Opinion of the Court
The opinion of the court was delivered by
Swatze, J.
We think the case does not call for a decision of the question whether within the meaning of the policy the use of gasoline in the manner in which it was used increased the hazard, nor whether gasoline was kept, used or allowed on the premises in contravention of the policy. Even if the contention of the defendant in these respects is correct, the policy is not avoided. In construing a writing the whole must be construed together, and in view of the reasons which led to the use of the language employed. The paragraph in the policy that…
2Cases cited5 opinions
- Smith v. German InsuranceMichigan Supreme Court · 1895
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Rann v. . Home Insurance Co.New York Court of Appeals · 1874
- Newport Improvement Co. v. Home InsuranceNew York Court of Appeals · 1900
- James v. Lycoming Ins.U.S. Circuit Court for the District of Massachusetts · 1874
3Cited by2 opinions
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Ross v. Liverpool & London & Globe InsuranceSupreme Court of New Jersey · 1912