Parker v. China Mutual Insurance
Parker v. China Mutual Insurance
Opinion of the Court
In the present case we think that the words “ excluding Gulf of Campeachy ” were written in the policy, not for the purpose of qualifying the printed clause in which the vessel was prohibited from certain rivers, gulfs, straits, and seas, including the Gulf of Campeachy, but for the purpose of calling particular attention to the Gulf of Campeachy, which is near the port where the vessel was when the insurance was effected. If the intention had been materially to modify the effect of the printed clause, we think it would have been shown by the use of words more distinctly expressing that intention. So far as we are aware, there is no technical meaning given to the word “ excluding ” in marine insurance, and the customary meaning of the word does not differ greatly from that of the words “prohibiting” or “prohibited from.” The plaintiff relies upon the decision in Palmer v. Warren Ins. Co. 1 Story C. C. 360 ; but Mr. Justice Story reached his conclusion in that case with some hesitation, relying upon the particular words of the policy, and not upon any technical signification of the word
Judgment for the defendant affirmed.
Reference
- Full Case Name
- J. R. Parker v. China Mutual Insurance Company
- Status
- Published