Commercial Insurance v. Robinson

Citations

• 64 Ill. 265

Syllabus

<p>1. Insurance—of the policy—construction. Equivocal expressions in. a policy of insurance whereby it is sought to narrow the range of the obligations insurance companies profess to assume, are to be interpreted most strongly against the company.</p> <p>2. Same—construction of a parrticula/r clause in a policy. An insurance policy provided that .the company should not be liable “for any loss or damage by fire caused by means of an invasion, insurrection, riot, civil commotion or military or usurped power; * * * nor for any loss caused by the explosion of gunpowder, camphene or any explosive substance, or explosion of any kind:” Held, that, by a proper construction of the latter clause, the company was not thereby exempted from liability for losses by fire caused by explosion, but only from liability for losses caused by explosion.</p> <p>3. An. insurance policy contained tlie following provision: “When personal property is damaged, the assured shall forthwith cause it to he put in order, * * * * and shall cause an inventory to be made and furnished to the company, of the whole, naming the quantity, quality and cost of each article. The amount of sound value and of damage shall then be ascertained by appraisal of each article by competent persons (not interested in the loss as creditors or otherwise, nor related to the assured or sufferers), to be mutually appointed by the assured and the company; their report in writing to be made *****. Tbe com. pany reserves the right to take the whole or any part of the articles at their appraised value; and until such proofs, * * * are produced, and examinations and appraisals permitted by the claimant, the loss shall not be payable.” A loss occurring, the assured furnished to the company an inventory of the goods burned or injured, with which the company expressed dissatisfaction, but made no offer to have appraisers appointed: Held, that, though the company might have insisted on the appointment of appraisers, the assured, wh