51 Minn. 24 | Minn. | 1892
Action to recover for a loss, by fire, of some hay in stack owned by the plaintiff, and claimed to have been covered by a policy of insurance which was issued by the defendant to him. It
The defendant was organized as a mutual insurance corporation, under Laws 1875, ch. 83, and amendatory acts, relating to “town insurance companies.” The articles of association, after stating the classes of property which might be insured, among which were specified farm houses, barns, granaries, hay, grain, either in stack, barn, granary, or growing, farm machinery, live stock, etc., adds: “And such property shall be insured only when it is under the immediate control of the insured, and owned by him or her, and situate in the towns of,” (specifying several towns.)
An application for insurance was executed by the plaintiff, which by the terms of the policy became a part of the contract. It appears that this wras made out by an agent of the defendant on a printed blank furnished him for such purposes. In this application the property to be insured was described as follows: “On my dwelling house, built of logs and lumber, $100.00; household furniture therein and wearing apparel, $75.00; on stables built of lumber and other things, $15.00; on hay therein or in stack, $60.00; on granary built of lumber, $15.00; on grain therein or in stack, $175.00; on 4 horses, $200.00, [cattle, sheep, swine, and other property are also specified,] — which property is owned by and in the possession, of the undersigned, who resides on the N. W. ¶ section No. 16, town of Moscow. * * *”
The policy followed in almost exact terms this schedule of property insured, the same concluding as follows: “All being the property of the said Elling A. Soli, residing on the N. W. ]- of section number'16, town of Moscow. * * *” We have marked by italics that part of the description which is claimed to cover the hay in question.'
The plaintiff lived at the place designated in the policy, where he had a farm of eighty acres, with his farm buildings. The hay for the loss of which a recovery is sought had been cut and stacked by the defendant on a marsh in section seven of the same town, about two miles from his residence. The defense rests upon that fact,
It was found, by the court (the ease being tried without a jury) that the hay referred to in the policy was the same hay for which a recovery is sought, and that the defendant, when the policy was issued, knew where the hay was, and that it was fully understood that the policy should cover it. The court also found that the hay was owned by and under the immediate control of the plaintiff.
The provision in the articles as to the property to be insured being “under the immediate control of the insured,” is not deemed to have a very important bearing upon the construction of this contract as respects the matter in controversy. This language does not necessarily, nor most naturally, bear the meaning which the defendant ascribes to it. The word “control,” of simple and well-understood import, is inadequate to express the condition or fact of the property insured being at, or in the immediate vicinity of, the place of residence of the assured. It might be under his immediate control, although it were situated on a part of his farm most remote from his residence and his ordinary farm buildings. Nor even does the language express or imply the necessity of the property insured being upon the premises occupied as a residence. A barn owned and used exclusively by the assured would be under his immediate (direct, without the intervention of any other) control, even though situated some distance from his home farm. If the purpose had been to restrict the operations of the company to the insurance of property upon or in the immediate vicinity of the premises occupied by the insured as his residence, it is hardly supposable that this language would have been employed. The casé justified the conclusion of the court that this property was under the immediate control of the plaintiff. He owned it, cared for it, and, as seems apparent, had actual and personal dominion over it.
Turning now to the written contract, it is to be observed that it does not designate the location of the hay “in stack,” nor indicate its
Order affirmed.
(Opinion published 53 N. W. Rep. 979.)