Hagan v. Scottish Insurance

Citations

• 186 U.S. 423
• 22 S. Ct. 862
• 46 L. Ed. 1229
• 1902 U.S. LEXIS 906

Syllabus

<p>Where a marine policy is taken out upon a blank policy providing by many' of its terms for insurance on .property or goods on land, it becomes doubly important to keep, and apply with strictness, the rule that the written shall prevail over the printed portion of a policy,' as in such case the written, even more clearly than usual, will evidence the real contract between the parties; and courts' vyill not endeavor to limit what would otherwise be the meaning and effect of the written language, by resorting . to some printed provision in the policy, which, if applied, would change' such meaning and render the written portion substantially useless and without application. If there be any inconsistency between the written provision of the policy and the printed portions thereof, the written language must prevail.</p> <p>By virtue of the language contained in the policy, “ on account of whom it may concern,” it is not necessary that the person who takes out such a policy should have,at that time any specific individual in mind; but if he intended the policy should cover the interest of any person to whom he might sell the entire or any part of the interest insured, that would be enough.</p> <p>This court .differs from the conclusion arrived at by the Circuit Court of Appeals in its statement that there'was nothing in the case to support a finding that Hagan intended to insure a subsequent vendee of the boat, ■or of an interest therein, because of the retention in the policy'of the. provision .that it should be entirely void, unless otherwise provided by agreement, if any change, etc., should be made; and holds that the very purpose of stating that the insurance was on account of whom it may concern was to do away with the printed provisions in regard to the sole ownership afad to the change of -interest and that was an agreement . “ otherwise provided,” than in the printed portion of the policy.</p>