American Motorists Insurance v. Vermont

AMERICAN MOTORISTS INSURANCE COMPANY v. VERMONT

Am. Motorists Ins. v. Vermont, 155 S.E.2d 675 (Ga. Ct. App. 1967)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: April 27, 1967
Docket: No. 42490
Judges: Bell
Citations: 155 S.E.2d 675115 Ga. App. 6631967 Ga. App. LEXIS 1201

Opinion of the Court — Bell

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Bell, Presiding Judge.

Plaintiff contends that the phrase “articles carried or held as samples or for sale” means “property owned or used by the insured of a commercial nature in the conduct of his trade, occupation, or business.” We reject this construction.

While it is the general rule that ambiguities in an insurance contract must be construed most favorably to the insured, this rule has no application when the contract is unambiguous. Hulsey v. Interstate Life &c. Ins. Co., 207 Ga. 167, 169 ( 60 SE2d 353 ). Where the terms of an insurance policy are plain and unambiguous, the courts have no right to enlarge the contract or to make it more beneficial by construction, but must carry out the intention of the parties as expressed by the literal terms of the *665 policy taken in their usual and ordinary meaning. Golden v. National Life &c. Ins. Co., 189 Ga. 79, 87 ( 5 SE2d 198 , 125 ALR 838 ); Prudential Ins. Co. v. Kellar, 213 Ga. 453, 458 ( 99 SE2d 823 ); Fokes v. Interstate Life &c. Ins. Co., 59 Ga. App. 680, 681 ( 2 SE2d 170 ); Robinson v. Washington Nat. Ins. Co., 72 Ga. App. 19, 21 ( 32 SE2d 855 ); Southern Indem. Co. v. Young, 102 Ga. App. 914 (1) ( 117 SE2d 882 ).

An exclusionary clause similar to the one in this case was enforced literally in Gross v. Globe & Rutgers Fire Ins. Co., 142 Misc. 918 (256 NYC 570). See Orren v. Iowa Mut. Liability Ins. Co., 230 N.C. 618 ( 54 SE2d 927 ); Ann. 80 ALR2d 1289. Our research discloses no authority to the contrary, and plaintiff cites none.

If plaintiff was coincidentally trying to sell the diamond while utilizing it for its usual purpose of adornment, it would be an issue of fact whether the article was held for sale or primarily for another purpose. But where plaintiff was trying to sell the article and maintained no other purpose for it, it came within the exclusionary provision of the policy as a matter of law, irrespective of whether it was in any way related to plaintiff’s usual occupation or business.

The trial court erred in overruling general demurrers to the petition.

Judgment reversed.

Jordan and Pannell, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

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Relies on it most ⓘ

State Farm Fire & Casualty Co v. Quirt346 A.2d 497 (Md. Ct. Spec. App. 1975)
Farmers Home Mutual Insurance v. Addelia593 P.2d 930 (Ariz. Ct. App. 1979)
Last v. West American Ins. Co.354 A.2d 364 (N.J. Super. Ct. App. Div. 1976)
Jones v. Barnes318 S.E.2d 164 (Ga. Ct. App. 1984)
Doerpinghaus v. Allstate Insurance Co.185 S.E.2d 615 (Ga. Ct. App. 1971)
Pacific Indemnity Co. v. N. A., Inc.172 S.E.2d 192 (Ga. Ct. App. 1969)

Most recent

Jones v. Barnes318 S.E.2d 164 (Ga. Ct. App. 1984)
Farmers Home Mutual Insurance v. Addelia593 P.2d 930 (Ariz. Ct. App. 1979)
City of Albany v. Hartford Accident & Indemnity Co.234 S.E.2d 109 (Ga. Ct. App. 1977)
Last v. West American Ins. Co.354 A.2d 364 (N.J. Super. Ct. App. Div. 1976)
State Farm Fire & Casualty Co v. Quirt346 A.2d 497 (Md. Ct. Spec. App. 1975)
Horne v. Government Employees Insurance207 S.E.2d 636 (Ga. Ct. App. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

Depth	Case	Cited by
	Golden v. Nat'l Life & Accident Ins., 5 S.E.2d 198 (Ga. 1939)	39
	Hulsey v. Interstate Life & Accident Ins., 60 S.E.2d 353 (Ga. 1950)	45
	Prudential Ins. Co. of Am. v. Kellar, 99 S.E.2d 823 (Ga. 1957)	25
	Fokes v. Interstate Life & Accident Ins., 2 S.E.2d 170 (Ga. Ct. App. 1939)	18
	Robinson v. Wash. Nat'l Ins., 32 S.E.2d 855 (Ga. Ct. App. 1945)	5
	Southern Indem. Co. v. Young, 117 S.E.2d 882 (Ga. Ct. App. 1960)	4
	Orren v. Iowa Mut. Liab. Ins., 54 S.E.2d 927 (N.C. 1949)	2
	Gross v. Globe & Rutgers Fire Ins., 142 Misc. 918 (1932)	4

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