Supreme Court of North Carolina, 1933

Conyard v. Life & Casualty Insurance

Conyard v. Life & Casualty Insurance
Supreme Court of North Carolina · Decided April 12, 1933 · Stacy
168 S.E. 835; 204 N.C. 506; 1933 N.C. LEXIS 179 (South Eastern Reporter)
Conyard v. Life & Casualty Insurance

Cases that cite this one

11 later published cases cite this decision.

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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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.