Martin v. Ins. Co. of N. Am.
| Decision Date | 04 March 1895 |
| Parties | MARTIN v. INSURANCE CO. OF NORTH AMERICA. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court)
Action by Alexander Martin against the Insurance Company of North America. Judgment for defendant on demurrer.
Argued February term, 1894, before BEASLEY, C. J., and VANSYCKEL, LIPPINCOTT, and GARRISON, JJ.
A. Simpson, for plaintiff.
Erwin & Keller, for defendant.
An issue of law is raised by this demurrer to the plaintiff's declaration upon a policy of insurance. The property insured consisted of a two-story frame building and certain chattels contained in it. The plaintiff, who was the insured, owned the building, but not the land on which it stood. The pleader has set out in his narr. the language of the policy in these words: "This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the subject of Insurance be a building on ground not owned by the insured in fee simple." This stipulation is fatal to the plaintiff's action, unless its plain force and meaning be destroyed. This the pleader attempted to do by showing, not the indorsement upon or addition to the policy of some provision otherwise, or even by the allegation that some different agreement was made or attempted to be made between the insurer and insured, but the allegation that the insured did not know that the policy contained this provision, and that the agent of the insurer knew that plaintiff did not own the land on which his building stood, and "surreptiously inserted" in the policy the above clause, for the purpose of cheating him.
A court of law deals with the written contracts of parties as the conclusive evidence of their agreements. If the language employed is free from ambiguity, the writing will be enforced in accordance with its terms. If, by reason of fraud or mutual mistake, the real agreement of the parties is unexpressed, the instrument may be reformed, upon proper proofs, in a court of equity. But, as an expression of the intention of the parties, an unambiguous written agreement, when sued on in a court of law. is unalterable by oral testimony. Nor is it perceived that the plaintiff's position is in any wise bettered by the allegation that the policy was a fraud; for, if this be true, the plaintiff is declaring upon an unreformed contract, which he says is not and never was the agreement of either party.
We have looked to see whether the suit might not go on as to...
To continue reading
Request your trial
-
Allen v. Phoenix Assurance Co.
... ... where not communicated, and such an agent cannot bind the ... company contrary to express provisions in the policy ... ( Wilson v. Conway F. Ins. Co., 4 R. I. 141; ... Tebbetts v. Hamilton Mut. Ins. Co., 3 Allen, 569; ... Knudson v. Grand Council of New Legion of Honor, 7 ... S.D. 214, ... 673, 80 S.W. 283; German Ins. Co ... v. Allen, 69 Kan. 729, 77 P. 529; Meigs v. London ... Assur. Co., 126 F. 781; Martin v. Ins. Co. of North ... America, 57 N.J.L. 623, 31 A. 213; Fries-Breslin Co ... v. Starr Fire Ins. Co., 154 F. 35; [14 Idaho 731] ... ...
-
Southern Fire Ins. Co. v. Knight
...Co., 54 Vt. 211; Gottsman v. Insurance Co., 56 Pa. St. 210; Trustees of Fire Ass'n v. Williamson, 26 Pa. St. 196; Martin v. Insurance Co. (N. J. Sup.) 31 A. 213; Insurance Co. v. Resh, 44 Mich. 55; McQueeney Insurance Co. (Ark.) 12 S.W. 498; Garver v. Insurance Co. (Iowa) 28 N.W. 555; Assur......
-
Firemen's Insurance Company v. Larey
... ... policy. Richards on Insurance, p. 351, and No. 1. Taking in a ... new partner is a change of title. Ostrander on Ins., p. 313 ... Sale of partnership interest avoids the policy. 26 L. R. A ... 591. Partition avoids it also. Ostrander Ins. § 76, p ... 238. A ... Co. 109 La. 341, 33 So. 361; McWilliams v ... Cascade Fire & Marine Ins. Co., 7 Wash. 48, 34 P ... 140; Martin v. Insurance Company of North ... America, 57 N.J.L. 623, 31 A. 213 ... It ... seems to me, however, that this case is entirely ... ...
-
Fries-Breslin Co. v. Star Fire Ins Co.
... ... such effect as is here contended for is not to construe them, ... but under the guise of construction to deprive the insurer of ... clear rights under the contract ... Nor do ... the authorities warrant such construction. In Martin v ... Insurance Company, 57 N.J.Law, 623, 31 A. 213, this form ... of policy was involved. The facts were the converse of those ... now before us. The insurance was on a building and certain ... chattels therein. The ground on which the building stood was ... not owned by the insured ... ...