Travelers Insurance v. Peake

Citations

• 82 Fla. 128
• 89 So. 418

Syllabus

<p>1, Policies of insurance are designed to secure indemnity to the insured for losses or injuries stated in the policy and the terms used should be so construed as to effectuate the' purpose designed, ambiguous provisions being fairly construed in favor of the injured, but parties sui juris are bound by their valid contracts and where a particular risk is expressly and clearly excepted from the risks assumed by the insurer, the courts have no power to enforce indemnity for losses or injuries resulting from such excepted risks as expressed by the indemnity contract contained in the policy.</p> <p>2. A passenger in an airplane flying in the áir, whether he takes part in the operation of the airplane or not, is “participating in aeronautics;” within the intent and meaning of the provision specifically excepting such a risk from the indemnity contract contained in the policy herein.</p>