Edgerton & Sons, Inc. v. Minneapolis Fire & Marine Insurance
Edgerton & Sons, Inc. v. Minneapolis Fire & Marine Insurance
Opinion of the Court
In this action a declaratory judgment was sought as to the interpretation of an insurance policy clause. The plaintiff is a common carrier engaged in the transportation of general merchandise. It maintained a fleet of twelve trucks of various sizes, types and shapes in the conduct of its business. In an effort to protect itself from liability to shippers for loss or damage to merchandise in transit, it procured, on June 20, 1951, an insurance policy, called a motor vehicle cargo policy, from the defendant. While the action sought an interpretation of the clause as to which the parties differed, the plaintiff was attempting to recover $4974.50 which it had been obliged to pay a shipper for the damage which a lathe suffered while it was being transported. The policy excepted certain specified hazards. The court found the issues for the defendant and entered judgment for it. From that judgment this appeal has been taken.
The policy in question covered “the legal liability
The finding may be stated in essential substance as follows: On September 17, 1951, Manning, Maxwell and Moore engaged the plaintiff to transport a Bullard vertical turret lathe owned by it from the plant of J. L. Lucas, machine repairers in Bridgeport, to its own plant in Stratford. On that date, the plaintiff directed an employee, Joseph Yorio, to perform the service, and it dispatched a 1949 Mack ten-wheel platform truck for the purpose. The lathe was placed on wooden skids, extending two feet from each side, and thus seated, was hoisted in place upon the truck. The lathe was covered by a canvas tarpaulin belonging to the plaintiff and used by it on occasion in transporting merchandise. The lathe was the only cargo being carried. It extended from six to eight feet above the truck platform, and somewhat above the cab of the vehicle. The canvas tarpaulin was not fitted for use on the particular truck; it was usable on any of the plaintiff’s trucks. While
From the foregoing, the trial court concluded that the load the plaintiff.was carrying was damaged by contact with the under surface' of the bridge, that the truck itself did not collide with the bridge, and that consequently the damage to the lathe was caused by a peril excepted from coverage by the noninsuring clause heretofore stated. The determination of the casé requires an interpretation of this clause. ' • .
.When a term in a policy of insurance is ambiguous, it will be liberally construed in favor of the insured. Ross v. Protective Indemnity Co., 135 Conn. 150, 152, 62 A.2d 340; Porto v. Metropolitan Life Ins. Co., 120 Conn. 196, 200, 180 A. 289; Morehouse v. Employers’ Liability Assurance Corporation, 119
While the striking of the load against the bridge can be said to have been the immediate cause of the damage to the lathe, all other causes are not thereby excluded. In the determination of what caused the loss or damage, the cause or agency which is nearest in time or place to the result is not necessarily to be chosen. The active efficient cause that sets in motion a train of events which brings about a result without the intervention of any force started and working actively from a new and independent source is the proximate cause. Lynn Gas & Electric Co. v. Meriden Fire Ins. Co., 158 Mass. 570, 575, 33 N.E. 690. “The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place. 2 Bl. Rep. 892 .... Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening . . . Milwaukee & St. P. Ry. Co. v. Kellogg, 94 U.S. 469,
The question whether the defendant “is liable upon [the] policy up to the sum of $10,000 for any sums that the plaintiff shall become obligated to pay as damages as a result of the damage to the lathe in said collision” should be answered Yes.
There is error, the judgment is set aside and the trial court is directed to enter judgment in accordance with this opinion.
In this opinion Baldwin, Daly and Phillips, Js., concurred.
Dissenting Opinion
(dissenting). It is an accepted rule of construction that an ambiguous provision in an insurance policy will be liberally construed in favor of the insured. Raffel v. Travelers Indemnity Co., 141 Conn. 389, 392, 106 A.2d 716. But the existence of the rule is not a license to the court to
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