Fire Ass'n v. Taylor

Citations

• 76 Kan. 392
• 91 P. 1070
• 1907 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Contracts — Rules of Construction — Fire-insurance Policy. A policy of insurance, being an instrument prepared by the insurer, should, in case of doubt as to its provisions, be strictly construed against the insurer and liberally in favor of the insured. The object of the contract being for indemnity against loss, it will be so construed, in case of doubt, as to support rather than defeat the indemnity. As, however, in contracts jointly prepared by the parties thereto, if the terms of a policy are clear and unambiguous they will be taken in their plain and ordinary sense and no construction is necessary.</p> <p>2. - Ambiguity — Conduct of the Parties. If the parties to an ambiguous contract have subsequently acted upon it in such a manner as to indicate their mutual intent therein or understanding thereof, a court, in construing such contract, should, as a rule, adopt the construction indicated by such action.</p> <p>3. Fire-insurance — Settlement by Adjuster — Presumption of Authority — Notice. When property upon which there is insurance is destroyed by fire, and the insured informs the insurer thereof, and soon thereafter a person appears at the scene of the fire and adjusts and pays the loss and takes from the insured a receipt for the payment, in the name of the insurer, it will be presumed that such person is the agent of the insurer and that the insurer had notice and knowledge of such facts as came to the notice and knowledge of such agent affecting the business so done by the agent.</p>