Rodgers v. Commercial Cas. Ins. Co., 4 Div. 74.

CourtSupreme Court of Alabama
Writing for the CourtGARDNER, Justice.
Citation186 So. 684,237 Ala. 301
PartiesRODGERS v COMMERCIAL CASUALTY INS. CO.
Decision Date16 February 1939
Docket Number4 Div. 74.

186 So. 684

237 Ala. 301

RODGERS v COMMERCIAL CASUALTY INS. CO.

4 Div. 74.

Supreme Court of Alabama

February 16, 1939


Appeal from Circuit Court, Houston County; D. C. Halstead, Judge.

Action on a policy of accident insurance by Robert H. Rodgers against the Commercial Casualty Insurance Company. From a judgment for defendant, plaintiff appeals.

Transferred from Court of Appeals under Code 1923, § 7326.

Affirmed.

Martin & Jackson, of Dothan, for appellant.

Tompkins & Ramsey, of Dothan, for appellee. [186 So. 685]

GARDNER, Justice.

Plaintiff was the husband of Helen R. Rodgers, and the named beneficiary in an accident insurance policy, which contained the following clause:

"Section C. Or against loss of life.... $250.00 provided bodily injury effected as stated herein shall be the sole cause of the death of the insured within thirty days from the date of the event causing such injury and occurs
"By being struck or knocked down or run over while walking across a public highway, on regular crossings at highway intersections only, by a vehicle propelled by steam, cable, electricity, naphtha, gasoline, horse, compressed air or liquid power, excluding injuries sustained while on a railroad roadbed in violation of any statute or of any regulation of the railroad company".

Insured was killed when struck by an automobile a short distance from Ariton, Alabama, while walking on what is known as the Bee Line Highway, and at the time was on the pavement of said highway, some few feet from its south side. The highway runs east and west. Insured and her husband were driving west, and parked the car on the right or north side of the highway, a short distance from an abandoned filling station, which was on the north side of the highway. Diagonally across the highway, in a southeasterly direction and on the south side was a toilet for ladies (so designated), and insured was crossing the highway on her way to the toilet when struck by the automobile.

The trial judge, upon conclusion of the evidence, gave for the defendant the affirmative charge upon the theory the place where insured met her death was not such a location as came within the coverage of the above noted clause of the policy. We are persuaded he correctly so determined.

Plaintiff lays much stress upon the accepted rule that doubtful terms in an insurance policy are to be construed favorably to the insured. 32 Corpus Juris 1147; John Hancock Life Ins. Co. v. Schroder, 235 Ala. 655, 180 So. 327.

But we have often had occasion to observe that true intent governs insurance contracts the same as others, and that though doubtful terms are to be construed in favor of the insured, yet no strained construction should be indulged to raise doubt. Life & Casualty Ins. Co. v. Bottoms, 225 Ala. 382, 143 So. 574; Hill v. Ocean Accident & G. Corp., 230 Ala. 590, 162 So. 376.

The policy here sued upon, as disclosed upon the face, is a "limited policy." It was issued upon consideration of a premium of one dollar a year, and the company's liability is hedged about by many limitations. Illustrative of these restrictions upon such liability is the provision embraced in the clause C here involved as to death by drowning. For liability to attach the insured must have been drowned at a public bathing beach or public swimming pool "while a life guard is on duty." If no life guard, there is no liability. Our cases recognize the same right of insurance companies (statutory provisions to one side) as individuals to limit their liability and to impose such conditions as they...

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17 practice notes
  • City of Birmingham v. Young, 6 Div. 250.
    • United States
    • Supreme Court of Alabama
    • 10 Mayo 1945
    ...municipality to adjust and settle the same without litigation. Authorities, supra. In the case of Rodgers v. Commercial Casualty Ins. Co., 237 Ala. 301, 186 So. 684, 686, it was held: 'As stated in 33 Corpus Juris 474, the true sense of the word intersection must be ascertained by a full re......
  • Alabama Ins. Guar. Ass'n v. Magic City Trucking Service, Inc.
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1989
    ...the insured. St. Paul Fire & Marine Ins. Co. v. Thompson, 280 Ala. 67, 189 So.2d 866, 869 (1966), Rodgers v. Commercial Casualty Ins. Co., 237 Ala. 301, 303, 186 So. 684 (1939), Mission Insurance Co. v. Barnett, 476 F.Supp. 925 (S.D.Ala.1979), State Farm Mutual Auto. Insurance Co. v. Lewis,......
  • Mission Ins. Co. v. Barnett, Civ. A. No. 78-611-H.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Southern District of Alabama
    • 11 Septiembre 1979
    ...e. g., St. Paul Fire and Marine Ins. Co. v. Thompson, 280 Ala. 67, 189 So.2d 866, 869 (1966); Rodgers v. Commercial Casualty Ins. Co., 237 Ala. 301, 303, 186 So. 684 22. In summary, whether Bedwell is claiming that the negligence which injured him arose because of the failure to provide 476......
  • Alabama Great Southern R. Co. v. Denton, 7 Div. 616.
    • United States
    • Supreme Court of Alabama
    • 28 Marzo 1940
    ...limited to highways for vehicles. Alabama Highway Code, Section 47 (n), Code 1928, § 1397(49) (n). See Rodgers v. Commercial Casualty Co., 237 Ala. 301, 186 So. 684. Our conclusion is the question of reopening this public road under the facts disclosed, involves the determination whether th......
  • Request a trial to view additional results
17 cases
  • City of Birmingham v. Young, 6 Div. 250.
    • United States
    • Supreme Court of Alabama
    • 10 Mayo 1945
    ...municipality to adjust and settle the same without litigation. Authorities, supra. In the case of Rodgers v. Commercial Casualty Ins. Co., 237 Ala. 301, 186 So. 684, 686, it was held: 'As stated in 33 Corpus Juris 474, the true sense of the word intersection must be ascertained by a full re......
  • Alabama Ins. Guar. Ass'n v. Magic City Trucking Service, Inc.
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1989
    ...the insured. St. Paul Fire & Marine Ins. Co. v. Thompson, 280 Ala. 67, 189 So.2d 866, 869 (1966), Rodgers v. Commercial Casualty Ins. Co., 237 Ala. 301, 303, 186 So. 684 (1939), Mission Insurance Co. v. Barnett, 476 F.Supp. 925 (S.D.Ala.1979), State Farm Mutual Auto. Insurance Co. v. Lewis,......
  • Mission Ins. Co. v. Barnett, Civ. A. No. 78-611-H.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Southern District of Alabama
    • 11 Septiembre 1979
    ...e. g., St. Paul Fire and Marine Ins. Co. v. Thompson, 280 Ala. 67, 189 So.2d 866, 869 (1966); Rodgers v. Commercial Casualty Ins. Co., 237 Ala. 301, 303, 186 So. 684 22. In summary, whether Bedwell is claiming that the negligence which injured him arose because of the failure to provide 476......
  • Alabama Great Southern R. Co. v. Denton, 7 Div. 616.
    • United States
    • Supreme Court of Alabama
    • 28 Marzo 1940
    ...limited to highways for vehicles. Alabama Highway Code, Section 47 (n), Code 1928, § 1397(49) (n). See Rodgers v. Commercial Casualty Co., 237 Ala. 301, 186 So. 684. Our conclusion is the question of reopening this public road under the facts disclosed, involves the determination whether th......
  • Request a trial to view additional results

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