The Western Insurance Company v. Cropper et al.
| Decision Date | 01 January 1858 |
| Citation | 32 Pa. 351 |
| Parties | The Western Insurance Company v. Cropper et al. |
| Court | Pennsylvania Supreme Court |
The inquiry raised by the pleadings relates to the extent of the exception inserted in the policy. It is entirely a question of construction. The contract was one of insurance upon the hull, tackle, machinery, and apparel of a steam propeller, but it stipulates for exemption from liability for certain losses. The stipulation was inserted by the underwriters, and was intended for their benefit. If it be obscure, it is their fault. If it be capable of two interpretations, equally reasonable, that must be adopted which is most favourable to the assured, for the language is that of the insurers.
The excepting clause in the policy is in the following words:
It is not to be denied that the intention of the parties is...
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...well recognized Pennsylvania rule construing against the insurer any ambiguous provisions of a contract of insurance. See Western Ins. Co. v. Cropper, 1859, 32 Pa. 351; Snader v. London & Lancashire Indemnity Co., 1949, 360 Pa. 548, 62 A.2d Order And now, May 7, 1957, it is ordered that jud......
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