Williams Manufacturing Co. v. Insurance Co. of North America
Williams Manufacturing Co. v. Insurance Co. of North America
Opinion of the Court
This case' has been here once before (Williams Manufacturing Company v. Insurance Company of North America, 93 Vt. 161, 106 Atl. 657), to which reference may be had for a full statement of the facts, and at that time the plaintiff suggested in its brief that the policy in question did not contain a latent ambiguity, but placed no particular reliance upon that claim in its argument. So the case was treated in this
On its face, the description of the policy is clear enough. No uncertainty or ambiguity appears until it is applied to the plaintiff’s property at East Haven. Then it is discovered that there are two mills at that place, to either of which, in some particulars, the description in the policy reasonably may apply. But, if it be admitted that, .in all other respects, the description may as well apply to one of those mills as to the other, there is one essential particular which must refer to one and cannot refer to the other. The building insured is described in the policy as a “frame, paroid roof building, with a frame, paroid roof boiler house attached. ’ ’ The only building with such a roof was the veneer mill. Here there is a definite term, which, though all else be obscure, plainly identifies the property covered by the policy and puts the whole matter beyond controversy. The contract 'which the parties executed insured the veneer mill; the contract they intended to make is, in the circumstances, of no consequence. If the parties intended to insure the sawmill, and there is much in the ease to indicate they did, the policy cannot be corrected in this suit. As the policy now is, there is nothing for the Court to do, but enforce the contract as it reads. The case is much like
Judgment affirmed.
Reference
- Full Case Name
- Williams Manufacturing Company v. Insurance Company of North America
- Status
- Published