The respondent is a domestic corporation, doing business as a co-operative fire insurance company in the town of Danby, Tompkins county, N. Y. As such it issued to the appellants, on the 14th day of July, 1917, its policy insuring them against loss and damage by fire in the sum of $1,000, for a period of five years. The insured, plaintiffs and appellants, were farmers, tenants on the farm where the personal property described in the policy was situate. August 24, 1918, a barn upon the farm, where a large quantity of produce from the farm was stored, burned. The produce destroyed was of the value of $1,840. The regularity of the issuing of the policy, payment of premium and proofs of loss are not questioned. The difference between the parties consists in what the policy was intended to cover. When the contract, furnished and prepared by the insurance company and by it executed on its part, is ambiguous, it will be construed most favorably to the insured. (Kratzenstein v. Western Assurance Co., 116 N. Y. 54; Rickerson v. Hartford Fire Insurance Co., 149 id. 307; Michael v. Prussian National Insurance Co., 171 id. 25.) It is manifest that this contract was intended to cover something used on the farm for consumption thereon by cattle and stock. Upon the application blank and upon the policy, two separate instruments, appears a schedule or list of house, barns and buildings of every description found upon a farm. Also a
The judgment is, therefore, reversed, with costs, and judgment directed for the plaintiffs in the sum of $1,000 and interest from the 26th day of December, 1918.
The court disapproves of the findings of fact numbered 9 and 12 and makes the findings as above stated.
All concur.
Judgment reversed on the law and facts, with costs to the appellants, and judgment directed for the plaintiffs for $1,000 and interest from December 26, 1918, with costs. The court finds as a fact that the feed mentioned in the complaint was covered by the insurance policy, and that the plaintiffs’ loss was $1,000, with interest from December 26, 1918. The court disapproves of findings 9 and 12.
