Conyard v. Life & Casualty Insurance

Supreme Court of North Carolina
Conyard v. Life & Casualty Insurance, 168 S.E. 835 (N.C. 1933)
204 N.C. 506; 1933 N.C. LEXIS 179
Stacy

Conyard v. Life & Casualty Insurance

Opinion of the Court

*507 Stacy, C. J.

Is a private Chevrolet one and one-half ton motor driven truck a “private motor driven car” within the meaning of the policy in suit? The case was made to turn on the answer to this question in the court below, and we are disposed to agree with his Honor that it is.

The term “motor driven car” is broad enough to include a motor driven truck, and we cannot say a narrower interpretation was intended by the parties. The rule of construction is, that when an insurance policy is reasonably susceptible of two interpretations, the one more favorable to the assured will be adopted. “The policy having been prepared by the insurers, it should be construed most strongly against them.” Bank v. Ins. Co., 95 U. S., 673; Jolley v. Ins. Co., 199 N. C., 269, 154 S. E., 400; Underwood v. Ins. Co., 185 N. C., 538, 117 S. E., 790.

There was nothing said in Lloyd v. Ins. Co., 200 N. C., 722, 158 S. E., 386, Anderson v. Ins. Co., 197 N. C., 72, 147 S. E., 693, or Gant v. Ins. Co., 197 N. C., 122, 147 S. E., 740, which militates against the position here taken.

Affirmed.

Reference

Full Case Name
Badie H. Conyard v. Life and Casualty Insurance Company of Tennessee.
Cited By
11 cases
Status
Published