Boyd v. Mississippi Home Insurance

Citations

• 75 Miss. 47

Syllabus

<p>1. Insurance. Fire policies. Construction. Rules.</p> <p>There are two fundamental rules governing- the construction of fire insurance policies. First, since they are usually prepared by the insurer, they are to be construed most strongly in favor of the assured. Second, such policies must always be .construed with reference to the nature and kind of property insured, the uses to which, within the common knowledg-e of men, it is ordinarily put, and the custom of the country in dealing with it.</p> <p>2. Same. Petri ivritten, pcurt printed.</p> <p>The rule that the written part of an insurance policy prevails oven the printed part, is applicable only where there is irreconcilable conflict between them.</p> <p>3. Same. Ambiguous terms.</p> <p>When a party expresses his liability in terms having two meanings, one broader than the other, and each equally probable, he cannot, after an acceptance by the other contracting party, set up the narrower construction.</p> <p>4. Same. Inconsistent stipulations.</p> <p>If a policy of fire insurance is prepared by the insurer, and contains inconsistent stipulations, the meaning most favorable to the insured will be adopted.</p>