[Download] "Diamond T Utah v. Travelers Indemnity" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Diamond T Utah v. Travelers Indemnity
- Author : Supreme Court Of Utah
- Release Date : January 20, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This was an action to recover on an automobile insurance policy. Appellant maintains that the contract is ambiguous in regard to whether vehicles sold under conditional sales contracts are covered, and that this ambiguity should be resolved in its favor. See Stout v. Washington Fire & Marine, 14 Utah 2d 414, 385 P.2d 608. It asserts that "the insurance contract itself provided that the insureds interest will be insured on used automobiles even though it might have been sold under a conditional sales contract if the insured has an interest even if the conditional sales contract is in force." But a reading-over of the entire policy discloses no such ambiguity. Twice therein it is stipulated that vehicles sold under conditional sales are excluded from coverage. Appellant points out that another clause therein recites that "used" vehicles are to be covered. (The vehicle in question was a used one.) We do not agree with the contention that the latter provision makes the former exclusionary clauses ambiguous. The two different provisions are not conflicting, as each relates to a different subject or classification. The language of this insurance contract appears to be clear and not susceptible of more than one interpretation by a reasonably intelligent person acquainted with all operative usages and knowing all the circumstances prior to and contemporaneous with the making of the written instrument, other than oral statements by the parties of what they intend it to mean. 17 Am. Jur.2d, § 243, p. 630. Williston, Contracts (3rd ed.) Secs. 603, et seq. Therefore, the insurance contract in question is not ambiguous.
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