Norfolk Fire Insurance v. Talley

Citations

• 112 Va. 413
• 71 S.E. 534
• 1911 Va. LEXIS 100

Syllabus

<p>1. Fire Insurance—Prohibition Against Fireworks—Violation— Custom—“General Merchandise.”—There can be no recovery on a fire insurance policy on a building in which “fireworks” are kept where the policy provides that it shall be void if “fireworks” are kept, used or allowed on the premises (any usage or custom of trade to the contrary notwithstanding). It is immaterial that, at the date of the policy, the building was used for general merchandise purposes and that it was usual for general merchandise stores to keep and sell such goods in that community. The fact that fireworks are usually kept in country retail stores does not authorize their being kept and sold by one who has contracted in writing that he will not deal in them, and that the policy shall be void if violated in that particular. Contracts of insurance are subject to the same rules of construction that are applicable to other written contracts.</p> <p>2. Fire Insurance—Construction of Policy—Written and Printed, Parts.—The rule that the written portion of a policy overrides the printed only applies where the conflict between the two is irreconcilable. The two parts must, if possible, be construed together so as to give effect to both, and the written part of a policy never overrides the printed part except when the two are inconsistent and not capable of a reasonable interpretation when read together. One clause of a policy should never be segregated and an effect given to it inconsistent with the apparent intention of the parties as gathered from the whole instrument.</p> <p>3. Fire Insurance—Policy—Fireworks—Waiver—Custom.—A party by accepting a policy forbidding the carrying of “fireworks” in stock thereby surrenders the right to carry such goods in stock, though it is customary for others doing a like business to carry them.</p>