Legal Opinion · Dissent

Creem v. Northwestern Mutual Fire Ass'n

Idaho Supreme Court

Decided March 20, 1936No. 6176Published

1Dissent

MORGAN, J.,

Dissenting. — The rule by which the provision in this insurance policy, quoted in the majority opinion, should be construed is thus stated in Watkins v. Federal Life Ins. Co., 54 Ida. 174, 176, 29 Pac. (2d) 1007, 1008:

“Contracts of insurance are to be construed in view of their general objects and strict, technical interpretation is to be avoided. Where language may be given two meanings, one of which permits recovery and the other does not, it is to be given the construction most favorable to the insured. (Sweaney & Smith Co. v. St. Paul etc. Ins. Co., 35 Ida. 303, 206 Pac. 178;…

2Cases cited13 opinions

  1. Bills v. Hibernia Insurance CompanyTexas Supreme Court · 1895
  2. Watkins Ex Rel. Watkins v. Federal Life InsuranceIdaho Supreme Court · 1934
  3. Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
  4. Sullivan v. Mercantile Town Mut. Ins. Co.Supreme Court of Oklahoma · 1908
  5. Carron v. GuidoIdaho Supreme Court · 1934

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