[Download] "Park Saddle Horse Co. v. Royal Indem. Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Park Saddle Horse Co. v. Royal Indem. Co.
- Author : Supreme Court of Montana
- Release Date : January 08, 1927
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Accident Insurance ? Construction of Contract ? Proximate Cause of Loss ? Solicitors ? Knowledge of Business of Insured ? Presumption. Contracts ? Intention of Parties ? Preliminary Conversations may be Considered. 1. To arrive at the intention of the parties to a written contract, conversations preliminary to its consummation had between them may be considered. - Page 100 Accident Insurance ? Solicitor Presumed to Know Character of Business of Persons Insured. 2. An insurance solicitor is presumed to be acquainted with the character of the business he insures, and the practices of the insured in that business. Same ? Contract to be Given Reasonable Construction, One Liberal in Favor of Insured and Strict Against Insurer. 3. Contracts of insurance must be given a fair and reasonable construction such as intelligent business men would give them, rather than a strict or technical construction; they must be construed liberally in favor of the insured and strictly against the insurer. Same ? Ambiguities and Uncertainties in Contract ? How to be Construed. 4. Where a contract of insurance is so drawn as to be ambiguous or uncertain, and is fairly susceptible of two constructions, one favorable to the insured and the other favorable to the insurer, the former must be adopted. Same ? Construction of Policy ? Presumption. 5. In construing a policy of insurance indemnifying the insured against hazard in a particular business the words of the agreement are to be applied to the subject matter about which the parties are contracting at the time, the presumption being that that matter was in their minds when contracting. Same ? Construction of Contract in Case at Bar. 6. A contract of insurance indemnifying plaintiff engaged in conducting tourist parties through a national park by way of saddle-horses in charge of guides, against liability to tourists because of bodily injuries by accident "by reason of the maintenance or use of saddle and pack horses" construed to mean by reason of the operation of horses in the insureds business. Same ? Losses ? What Constitutes Proximate Cause. 7. In determining the cause of loss for the purpose of fixing the liability of an insurer, when concurring causes of the damage appear, the proximate cause to which the loss is to be attributed is the efficient one which sets other causes in operation, incidental causes, though nearest in point of time and place, not being proximate. Same ? Proximate Cause of Loss ? Case at Bar. 8. Under the rule last above (par. 7) held, that where a guide in the employ of a company engaged in the business of conducting tourists through a national park by way of saddle-horses negligently lost his way with the result that the tourists were compelled to dismount and go on foot over a steep mountainside, in doing which one of them slipped and was injured, the use of saddle-horses was the proximate cause of the injury rendering the insurer liable under a policy insuring plaintiff against liability - Page 101 for injuries to tourists occasioned by the use of horses in its business, and that the negligence of the guide was merely an incidental or contributing cause.