Conyard v. Life & Casualty Insurance

168 S.E. 835, 204 N.C. 506, 1933 N.C. LEXIS 179

• Court: Supreme Court of North Carolina
• Decided: April 12, 1933
• Status: Published

Opinion

Stacy, C. J.

Is a private Chevrolet one and one-half ton motor driven truck a “private motor driven car” within the meaning of the policy in suit? The case was made to turn on the answer to this question in the court below, and we are disposed to agree with his Honor that it is.

The term “motor driven car” is broad enough to include a motor driven truck, and we cannot say a narrower interpretation was intended by the parties. The rule of construction is, that when an insurance policy is reasonably susceptible of two interpretations, the one more favorable to the assured will be adopted. “The policy having been prepared by the insurers, it should be construed most strongly against them.” Bank v. Ins. Co., 95 U. S., 673; Jolley v. Ins. Co., 199 N. C., 269, 154 S. E., 400; Underwood v. Ins. Co., 185 N. C., 538, 117 S. E., 790.

There was nothing said in Lloyd v. Ins. Co., 200 N. C., 722, 158 S. E., 386, Anderson v. Ins. Co., 197 N. C., 72, 147 S. E., 693, or Gant v. Ins. Co., 197 N. C., 122, 147 S. E., 740, which militates against the position here taken.

Affirmed.