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E. CLEMENS HORST CO. v. HARTFORD ACCIDENT & INDEMNITY CO.

No. 5373.

27 F.2d 42 (1928)

E. CLEMENS HORST CO. v. HARTFORD ACCIDENT & IDEMNITY CO.

Circuit Court of Appeals, Ninth Circuit.

June 18, 1928.

Attorney(s) appearing for the Case

Brobeck, Phleger & Harrison, of San Francisco, Cal., and Ridgway, Johnson & Kendall, of Portland, Or. (Herman Phleger and Maurice E. Harrison, both of San Francisco, Cal., and Albert B. Ridgway, of Portland, Or., of counsel), for plaintiff in error.

Griffith, Peck & Coke, of Portland, Or., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge (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...

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