Wells, Fargo & Co. v. Pacific Insurance

Citations

• 44 Cal. 397

Syllabus

<p>Interpretation of Insurance Policies.—Policies of insurance are written contracts, to be interpreted by the same rules which apply to other contracts, and to be enforced according to the intention of the parties.</p> <p>Idem.—Policies of insurance are to be construed liberally in favor of the assured.</p> <p>Insurance of Treasure Shipped in Vessels.—When an express company which is engaged in transporting bullion and treasure for hire on vessels, as a common carrier, insures such bullion and treasure, and the policy given by the insurance company provides that the express company is insured upon treasure and bullion to be laden at the ports (naming them), and that the adventure upon such bullion and treasure shall begin from and immediately following the loading thereof on the vessels at the ports named, the clause which provides where the adventure shall begin is not to be construed as a warranty, but as a mere recital of the expectation that the treasure insured was to be shipped from the designated ports.</p> <p>Idem.—The risk in such policy commences when bullion or treasure in on board the vessel, in the hands of the messenger of tjie assured at one of the ports named, even if it was not. taken on board at one of the ports named, but at some other place in the course of the voyage, or was handed to the messenger by a passenger, away from one of the ports named.</p> <p>Idem.—When such policy contained a clause that the agent of the express company should forward to his principal, advices of the amount of each shipment of bullion and treasure, and that the risks should be reported to the insurance company for indorsement on the policy as soon as known to the assured, it became the duty of the assured to report to the insurance company the amount of a shipment as soon as it was known, no matter from what source the information was obtained; but the forwarding of advices by the agent of the assured, of the amount and place of a shipment, was not indispensable to