Aurora Fire Insurance v. Eddy

Citations

• 49 Ill. 106

Syllabus

<p>1. Insubance—of the policy—rule of construction. The rules by which a policy of insurance is to be construed, and the principles by which it is to be governed, do not differ from other mercantile contracts.</p> <p>2. Same—conditions and provisions in policy—construed strictly against insurers. But-conditions and provisions in a policy of insurance are to be construed strictly against the underwriters.</p> <p>8. Same—construction of a particular clause in a policy. Where a policy of insurance contained the following clause: “ It is expressly agreed that the assured is to keep eight buckets filled with water, on the first floor where the machinery is run, and four in the basement by the reservoir, ready for use at all times in case of fire”: Held, that this could not be considered either as a condition or proviso in the policy, but was an express agreement on the part of the assured, and which must be construed like other agreements.</p> <p>4. The rule for the construction of such an agreement is, that while the assured will not be held to a literal compliance with the warranty, as for instance, in. keeping the buckets filled with water during the winter season, when no fires were allowed in the building, which might be impossible, and could not have been contemplated by the parties, yet it is, under such agreement, incumbent on the assured to keep the required number of buckets in good and serviceable condition, at the places designated, ready for instant use. A failure to do which, should a fire occur, would prevent a recovery upon the policy.</p>