E. Clemens Horst Co. v. Hartford Accident & Idemnity Co.

Good Law
27 F.2d 42·1928 U.S. App. LEXIS 3325
United States Court of Appeals for the Ninth CircuitJune 18, 1928No. 5373California1,632 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above). • Bearing in mind the controlling principle that, where a policy of insurance is so framed as to leave room to two constructions, the words used should be interpreted most strongly against the insurer (Liverpool & L. & G. Ins. Co. v. Kearney, 180 U. S. 132 , 21 S. Ct. 326 , 45 L. Ed. 460 ), we turn to the contract in question here, in order to determine from all of its provisions, as related to the circumstances and the purposes of the insurance to ascertain what was the intention of the parties thereto. It is apparent, from the terms of the policy and the nature of the enterprise in which the plaintiff was about to engage, that in entering into the contract of insurance on July 27, 1925, more than a month prior to the commencement of the actual work of picking hops, the plaintiff had in view insurance against liability on account of personal injuries from accidents which might occur as the result of negligence in all the operations connected with the annual work of picking hops during the season of 1925, the risks and hazards of which were obviously mainly confined to the hauling of operatives between railroad stations and the hopyards; for…

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