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eBook details

• Title: James v. Prudential Ins. Co.
• Author : Supreme Court of Montana
• Release Date : January 22, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

CONTRACTS ? INSURANCE ? CONSTRUCTION OF TERMS. 1. Insurance ? Construction of terms of policy. Where insurance policy provision was not ambiguous as to calculation of length of period of insurance, court could invoke no rule of construction in aid of beneficiary. 2. Appeal and Error ? On demurrer allegations of complaint admitted. Upon appeal from judgment for defendant entered on order sustaining separate general demurrers to the compliant after plaintiff elected to plead no further, allegations of complaint would be taken as admitted. 3. Insurance ? When ambiguities are interpreted against insurer. Ambiguities in policies are to be interpreted most strongly against insurer, but ambiguities coming within such rule arise neither from mathematical computation of elapsed time nor by assertions disputed between litigants, and provisions for extension of death benefits under group life policy certificates form no exception to such rule. 4. Insurance ? Contracts must be given reasonable construction. Even though it is a cardinal principle of insurance law that a contract of insurance is to be construed liberally in favor of insured and strictly against insurer, insurance contracts should be given a fair and reasonable construction, and intention of both insurer and insured is to be ascertained from policy language and effect must be given to every part of the policy contract and the words of the contract are to be understood in their usual meaning.

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