Mountain Timber Co. v. Lumber Insurance

Citations

• 99 Wash. 243
• 169 P. 591
• 1917 Wash. LEXIS 1045

Syllabus

<p>Parties—Intervention—Right—Time fob Application. In an action upon a policy of fire insurance, banks having an interest in plaintiff’s success by reason of assignment of his claim as collateral are properly allowed to intervene before trial as having an interest in the success of either party, within Rem. Code, § 202, authorizing interventions in such case before trial where no delay is caused thereby.</p> <p>Insurance—Action on Policy—Parties—Joinder — Assignee of Collateral. Where a claim on a fire insurance policy is assigned as collateral security for a debt, it is proper for both assignee and assignor to join as parties plaintiff in an action on the policy.</p> <p>Same—Fire Insurance—Policy—Risk. Spare materials in actual use at the time of the fire kept in stock for use when needed are covered by a policy of fire insurance upon “stock of every description incidental to the business” and “all materials and supplies used in manufacturing, handling and shipping the same.”</p> <p>Same—Fire Insurance—Policy. Under a policy of fire insurance on raw materials used in “manufacturing, handling and shipping” the stock, extrinsic evidence is admissible to ascertain the true meaning of the parties, since the quoted words are of doubtful meaning.</p> <p>Same. Any ambiguity in a policy of fire insurance is to be construed in favor of the insured.</p> <p>Same—Fire Insurance—Policy—Construction. Where insured stocks of lumber and materials of a mill were stored at four different places, all on the mill site, the mill site constituted one entire location, within the meaning of the average clause of a fire insurance policy providing that upon loss the insurance should attach to the property in the different buildings or locations in the proportion that the value of each building or location should bear to the value of all the insured property.</p>