McKeesport Machine Co. v. Ben Franklin Insurance
McKeesport Machine Co. v. Ben Franklin Insurance
Opinion of the Court
Opinion by
The policy sued on in this case was issued to a manufacturing company and covered the buildings, machinery, fixtures and appliances in daily use in the business of the company. The rules of construction applicable to such a contract of insurance are well settled. The object of the contract is indemnity against tire loss by fire of the business plant, or any portion of it, while used and occupied by the owners in the manner and for the purposes for which it was designed. If its provisions are susceptible of two or more interpretations, that one should be adopted that will make the contract effective for the protection of the insured. In other words the contract should be liberally construed in aid of the indemnity which was in contemplation of the parties who made it. W. & A. Pipe Lines v. Insurance Co., 145 Pa. 346. Again, an insurance company issuing a policy upon a business plant, or any portion of it, is chargeable with knowledge of the customary methods of conducting the business in which the property insured is used. Pipe Line v. Insurance Co., supra. This rule is not limited to insurance
The insured was engaged in business as a butcher and dealing in both fresh and smoked meats. The policy covered the butcher shop and contents, and the smoke house and contents. The butcher shop was consumed by fire and the smoke house was not. The contest was over the liability of the insurance company for the smoked meats that had been taken from the smoke house and stored in a room used for that purpose in one corner of the butcher shop. We held that the policy was to be construed in the light afforded by the customary modes of conducting the business and the facts as they were communicated to the agent of the company by whom the insurance was effected at the time the parties were in negotiation. The jury found that the words “contents of the smoke house,” as understood by the parties, included the smoked meats in store as well as those undergoing the process of smoking. So in this case; if this insurance was upon a going mill or factory in which the tools, machinery and patterns were in regular and continuous use for the purposes of the business of the owners, the contract of insurance must be construed in the light of' that fact, liberally, in aid of the insured. It was not an insurance upon goods in store, in terms, and unless it becomes so-in the light of the facts appearing in the evidence, there is no-legal reason that we can see why the plaintiff should be held to be concluded by words that could not have been intended to apply to a business in actual progress, and that ought not to be so. construed even if the insurer intended thereby to escape-from the obligation assumed by the policy. It would enable-an insurer after receiving the money of the manufacturer for-an insurance upon his business appliances, to say to him in effect, “ Close your factory or forfeit the money you have paid.
The judgment is reversed and it is now decreed that judgment be entered in favor of the plaintiff on the special verdict.
Reference
- Full Case Name
- McKeesport Machine Company v. The Ben Franklin Insurance Company
- Cited By
- 31 cases
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- Published
- Syllabus
- Insurance — Fire insurance — Location of moveable property — Construction of policy. As the object of a contract of insurance is indemnity against loss by fire, if the provisions of the contract are susceptible of two or more interpretations, that one should be adopted.that will make the contract effective for the protection of the insured. An insurance company issuing a policy upon a business plant, or any portion of it, is chargeable with knowledge of the customary methods of conducting the business in which the property insured is used. The circumstances surrounding the making of the contract and affecting the subject to which it relates form a sort of context that: may properly be resorted to for aid in determining the meaning of the words and provisions of the contract. A manufacturing plant consisted of two buildings, one a foundry and machine shop, the other a pattern shop. The buildings were close together. The nature of the business required the use of the patterns in the foundry and machine shop only. When they were not in use they were kept in the pattern shop for storage. A policy of insurance on the plant described the property as “ all situate corner of Fourth avenue and Martin street.” The patterns were described in the policy as being in the pattern shop, and in the printed part of the policy there was a statement that the undertaking was to insure the property real and personal described in it “ while located and contained as described herein and not elsewhere.” Some of the patterns which were in use were burnt in a fire which destroyed the machine shop but not the pattern shop. Held, the policy covered the patterns while they were in use in the foundry and machine shop.