Queen Insurance Co. of America v. Excelsior Milling Co.

Citations

• 69 Kan. 114
• 76 P. 423
• 1904 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance— Construction of Policy. Contracts of insurance are to be construed, where construction is permissible, most strongly against the insurer and in favor of the insured.</p> <p>2. Contracts—Forfeitures Not Favored. Forfeitures are not favored by the law, and ordinarily will not be found or enforced unless specifically and definitely provided for in the contract.</p> <p>3. Fire Insurance—Action on Policy—Answer Insufficient to Plead a Forfeiture. A policy of insurance contained a clause providing that if the insured property was a manufacturing estab- • lishment the policy would be forfeited if the manufactory should cease to be operated for more than ten days. The property insured did not, from its description in the policy, clearly appear to be a manufacturing establishment. Held, that in an action on such policy an answer which did not contain a specific allegation that the insured property was a manufacturipg establishment failed to plead a forfeiture because of its -idleness.</p>