Penman v. St. Paul Fire & Marine Ins. Co., 216 U.S. 311 (1910)

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Penman v. St. Paul Fire and Marine Insurance Company


No. 67


Argued January 7, 10, 1910
Decided February 21, 1910
216 U.S. 311

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

The rule of ejusdem generis is a rule of interpretation, and even if it should be applied more liberally to contracts of insurance than to contracts of other kinds, it cannot be so applied as to exclude "blasting powder" from a prohibition to keep or allow on insured premises certain specified explosives and "other explosives."

Where the policy furnishes the only way by which its terms can be waived and expressly provides against modification by custom of trade or manufacture or by agents, and are unambiguous, courts cannot admit parol testimony to alter the written words of the contract. Northern Assurance Co. v. Grand View Building Association, 183 U.S. 308.

151 F. 961, affirmed.

The facts, which involve the liability of a fire insurance company on a policy of insurance, are stated in the opinion.