Town of Greenville v. Employer's Liability Assurance Corp.

Supreme Court of North Carolina

Town of Greenville v. Employer's Liability Assurance Corp.

162 S.E. 770, 202 N.C. 837, 1932 N.C. LEXIS 260

Supreme Court of North Carolina·Decided March 9, 1932·Published

Opinion

Pee Cueiam.

The court below was of opinion that the loss sustained by the plaintiff as alleged in the complaint, is covered by the policy of insurance issued by the defendant. For this reason, the demurrer was overruled. Andrews v. R. R., 200 N. C., 483, 157 S. E., 431.

It must be conceded, we think, that there is doubt as to the meaning of the language used in the policy. Under the rule, however, as stated and applied in Jolly v. Jefferson Standard Life Insurance Company, *838 199 N. C., 269, 154 S. E., 400, the policy must be construed against the defendant, and in favor of the plaintiff. Applying this rule in the instant case, we concur in the opinion of the court below, and for that reason, the judgment is

Affirmed.

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Pee Cueiam.

The court below was of opinion that the loss sustained by the plaintiff as alleged in the complaint, is covered by the policy of insurance issued by the defendant. For this reason, the demurrer was overruled. Andrews v. R. R., 200 N. C., 483, 157 S. E., 431.

It must be conceded, we think, that there is doubt as to the meaning of the language used in the policy. Under the rule, however, as stated and applied in Jolly v. Jefferson Standard Life Insurance Company, *838 199 N. C., 269, 154 S. E., 400, the policy must be construed against the defendant, and in favor of the plaintiff. Applying this rule in the instant case, we concur in the opinion of the court below, and for that reason, the judgment is

Affirmed.

Town of Greenville v. Employer's Liability Assurance Corp., 162 S.E. 770, 202 N.C. 837, 1932 N.C. LEXIS 260 (N.C. 1932).

Pincite

162 S.E. 770 (Town of Greenville v. Employer's Liability Assurance Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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