Levinton v. Ohio Farmers Insurance
Levinton v. Ohio Farmers Insurance
Opinion of the Court
Opinion by
Plaintiff owned a broom-making plant, which, at the time the policies here sued on were taken out, consisted of a factory, a small bleaching house and a large warehouse 30 by 150 feet, the latter building situate about 100 feet from the factory building. Insurance was placed on a part of this property by the defendants, the
In February, 1918, because of its defective condition, the warehouse was torn down and two smaller buildings erected: No. 1> situate on the site of the old building, and No. 2, located about 100 feet from No. 1 and about the same distance from the factory building. During the period of construction, the broom corn was removed to near-by barns, and upon the completion of the buildings it was returned to the two new warehouses. No. 1 contained the broom corn for immediate use and No. 2 that for storage. When the broom corn was deposited in barns during the construction, the change on the policies was provided for by a writing called a “binder,” and, when the new warehouses were completed, the binders were removed and specific insurance was taken out on No. 1 and No. 2; and the old policies were put in force “to cover as originally written.” Later, the contents of building No. 2 were destroyed by fire and it is claimed that the loss was covered by the original policies of insurance, containing the above clause, or that the company was estopped from asserting the contrary, because of statements made by the counterman, an employee of the defendant’s subagent.
To determine whether the policies insuring merchandise in the premises herein mentioned (issued when such merchandise was contained in a building situated as described), will cover a part of the same merchandise contained in another building (erected as above stated subsequent to the issuance of the policies), regard must be had to the meaning of the language employed, the apparent purposes of the parties, the situation and uses of the property, and the nature of the contract as evidenced by the policy. Recovery can be had only when
The judgment is affirmed.
Reference
- Full Case Name
- Levinton v. Ohio Farmers Insurance Co.
- Cited By
- 28 cases
- Status
- Published
- Syllabus
- Insurance — Fire insurance — Description of property — Construction of contract — Doubt—Statement of subagent’s employee — Waiver — Endorsement or policy — Estoppel—Custom—Evidence. Eire insurance policies described the property insured as being “merchandise, stock, materials and supplies, chiefly broom corn, their own or held in. trust or on consignment or sold but not removed, contained in a frame warehouse building detached about 100 feet from factory.” On account of its defective condition the warehouse was tom down and two smaller buildings erected, No. 1 on the site of the old building, .and No. 2 some 100 feet from No. 1, and about the same distance from the factory. During the construction,- the broom corn was removed to near-by bams, and, upon the completion of the buildings, it was removed to the new warehouse, No. 1 receiving the broom corn for immediate use, and No. 2 that for storage. During the construction period the change on the policies was provided for by a “binder,” and when the new warehouses were completed the binders were removed and specific insurance was taken out on No. 1 and No. 2; and the old policies were put in force “to cover as originally written.” Later the contents of No. 2 were destroyed by fire, and it was claimed that the loss was covered by the original policies, or that the company was estopped from asserting the contrary, because a counterman, an employee of the insurance company’s subagent, said, when the binders were cancelled and the new arrangement was made, that “the form was broad enough to cover any warehouse around there, that is a frame warehouse.” The policy provided that the company should not be bound by any waiver of any condition of the policy by an agent or other representative unless the same were endorsed thereon or added thereto. There was no evidence that the counterman was authorized to make the statement which he did. Reid: (a) That the original policies did not cover the broom corn contained in warehouse No. 2. (b) That the endorsement on the policies “policy to cover as originally written” covered the broom com in the warehouse first described and afterwards rebuilt. (c) That the words of the counterman were a mere expression of opinion. (d) That even if the words of the counterman were more than the expression of an opinion they did not bind the company in view of the express stipulation of the policy as to waivers by agents and representatives. (e) That it was proper to reject an offer to prove by custom that the policy covered the contents of building No. 2, where there was nothing to show that the counterman had authority to waive by parol the conditions of the policy, nor any attempt to prove such custom. 2. In such case to determine whether the policies insuring the broom corn in the premises as described, will cover a part of the same broom corn contained in building No. 2, regard must be had xo the meaning of the language employed, the apparent purpose of the parties, the situation and uses of the property, and the nature of the contract as evidenced by the policy. Recovery can be had only when the loss is brought fairly within the terms of the contract or by reasonable intendment covered by it. 3. If doubt exists as to the meaning, it should be resolved in favor of the assured rather than in the interest of the insurer.