Home Mutual Fire Insurance v. Pittman

Citations

• 111 Miss. 420
• 71 So. 739

Syllabus

<p>1. Contract. Construction. Insurance. Construction of policy. Forfeiture. Lack of title. Failure to read policy.</p> <p>An instrument should be construed most strongly against the drawer.</p> <p>2. Same.</p> <p>It is a well settled rule of construction that an instrument will be so construed as to give to every part thereof effect, unless the parts are in conflict, and if possible every clause contained in an instrument will be harmonized with every other clause therein.</p> <p>3. Insurance'. Fire insurance. Construction of policy.</p> <p>Where a policy of Are insurance provided: first, that if the interest of insured in the property was or should become other or less than perfect, legal and equitable title, except as stated in writing the contract should be void; and, second, that in case the interest of insured was not sole ownership, the company should not be liable by virtue of the contract for any sum exceeding the actual cash value of insured’s interest, such second clause related to the situation where the ownership in the property is less than a perfect legal and equitable title, and where this fact has been noted on the policy in writing.</p> <p>4. Insurance. Fire insurance. Forfeiture. Lack of title.</p> <p>Where insured took out a fire insurance policy providing that it should be void unless insured had perfect legal and equitable title in the property, and at the time of taking said policy insured was not the owner of the property, the house burned being situated on his wife’s land and he being her tenant, in such case the policy was forfeited.</p> <p>5. Insurance. Fire insurance. Forfeiture. Lack of title.</p> <p>Where a fire insurance policy had been for a long time in the possession of insured he is bound by its terms though he did not read it. He cannot lay the policy aside and contend that he does not know the provisions in the policy that are contrary to his interest while claiming his rights under the provisions therein contained that are favor