Ohio Supreme Court, 1928

Olmsted & Co. v. Met. Life Ins.

Olmsted & Co. v. Met. Life Ins.
Ohio Supreme Court · Decided April 18, 1928 · Allen, Day, Jones, Kinkade, Marshall, Matthias
6 Ohio Law. Abs. 383

Olmsted & Co. v. Met. Life Ins.

Opinion of the Court

1. Where the language of a clause used in an insurance contract is such that courts of numerous jurisdictions have found it necessary to construe it and in such construction have arrived at conflicting conclusions as to the correct meaning, intent and effect thereof, the question whether such clause is ambiguous ceases to be an open one.

2. The rule that ambiguous language is to be construed most strongly against the party selecting the language and most favorably toward the party sought to be charged, is especially applicable to contracts executed subsequently to such conflicting judicial constructions.

(Marshall, CJ., Day, Allen, Kinkade, Jones and Matthias, JJ., concur.)

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