{
  "id": 8522275,
  "name": "B. KERMIT CALDWELL v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY",
  "name_abbreviation": "Caldwell v. St. Paul Fire & Marine Insurance",
  "decision_date": "1981-10-20",
  "docket_number": "No. 8125SC202",
  "first_page": "346",
  "last_page": "348",
  "citations": [
    {
      "type": "official",
      "cite": "54 N.C. App. 346"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "150 S.E. 2d 17",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1966,
      "pin_cites": [
        {
          "page": "19"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "268 N.C. 129",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8560429
      ],
      "year": 1966,
      "pin_cites": [
        {
          "page": "131"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/268/0129-01"
      ]
    },
    {
      "cite": "155 S.E. 2d 75",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1967,
      "pin_cites": [
        {
          "page": "83"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "270 N.C. 544",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8569521
      ],
      "year": 1967,
      "pin_cites": [
        {
          "page": "555"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/270/0544-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 291,
    "char_count": 4936,
    "ocr_confidence": 0.774,
    "pagerank": {
      "raw": 2.0446031217563963e-07,
      "percentile": 0.75301687472899
    },
    "sha256": "d443bfaf58ae1d988fc570a4b5265bba455542a8e319cacecffe4b93fcf97801",
    "simhash": "1:b143d33f14213493",
    "word_count": 774
  },
  "last_updated": "2023-07-14T17:12:28.716896+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Hedrick and Whichard concur."
    ],
    "parties": [
      "B. KERMIT CALDWELL v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY"
    ],
    "opinions": [
      {
        "text": "HILL, Judge.\nOn appeal, plaintiff contends that defendant\u2019s liability is limited by Paragraph 3 under \u201cCoverage C \u2014 Unscheduled Personal Property\u201d to $18,700. rather than .the $500 limitation in Paragraph 2(b)(5) under. \u201cAdditional Conditions.\u201d Thus, the sole question before this Court is whether the \u201cAdditional Conditions\u201d section of the policy should be construed with \u201cCoverage C \u2014Unscheduled Personal Property\u201d to limit defendant\u2019s liability to $500.\n\u201cSince policies of insurance are prepared by the insurer, they are liberally construed in favor of the insured, and strictly construed against the insurer.\u201d White v. Mote, 270 N.C. 544, 555, 155 S.E. 2d 75, 83 (1967). However, this rule of construction \u201cdoes not justify the courts in enlarging the terms of the policy beyond the meaning of the language of the policy.\u201d Henderson v. Hartford Accident & Indemnity Co., 268 N.C. 129, 131, 150 S.E. 2d 17, 19 (1966).\nAccepting plaintiffs construction of the policy in the case sub judice would require us to enlarge its terms beyond their meaning. The terms of the policy dealing with watercraft, motors, and trailers are clear and unambiguous. The policy reads, \u201cUnder Coverage C, this Company shall not be liable for loss in any one occurrence . . . for more than . . . $500 in the aggregate on watercraft . . ..\u201d (Emphasis added.) These terms under \u201cAdditional Conditions,\u201d though separate from the enumeration of \u201cProperty and Interests Covered\u201d under Coverage C, are part of Coverage C and clearly limit defendant\u2019s liability for damage to plaintiff\u2019s boat, motor, and trailer to $500.\nFor the reasons stated above, the judgment of the trial judge is\nAffirmed.\nJudges Hedrick and Whichard concur.",
        "type": "majority",
        "author": "HILL, Judge."
      }
    ],
    "attorneys": [
      "B. Kermit Caldwell, plaintiff-appellant, pro se.",
      "Mitchell, Teele, Blackwell & Mitchell, by Marcus W. H. Mitchell, Jr., for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "B. KERMIT CALDWELL v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY\nNo. 8125SC202\n(Filed 20 October 1981)\nInsurance \u00a7 144\u2014 homeowner\u2019s insurance \u2014 amount of liability for damages to boat\nDefendant insurer\u2019s liability under a homeowner\u2019s policy for damages to plaintiff insured\u2019s boat, motor and trailer caused by a windstorm was limited to $500 where the policy provided coverage $17,000 for unscheduled personal property \u201csubject to all conditions of this Policy\u201d and the \u201cAdditional Conditions\u201d section of the policy limited coverage to $500 for loss with respect to watercraft, motors and trailers.\nAppeal by plaintiff from Friday, Judge. Judgment entered 8 August 1980 in Superior Court, CATAWBA County. Heard in the Court of Appeals 24 September 1981.\nOn 25 January 1978 plaintiffs boat, outboard motor, and trailer were damaged in the amount of $5,695 when a windstorm blew down a building in which they were temporarily stored. The property damage was covered by a Homeowner Extension Certificate issued by defendant to plaintiff effective 17 October 1977 to 17 October 1978. The portions of the policy at issue are as follows:\nDescription Of Property And Interests Covered-\ncoverage C-UNSCHEDULED PERSONAL PROPERTY\nThis policy covers unscheduled personal property usual or incidental to the occupancy of the premises as a dwelling and owned or used by an Insured, while on the described premises and, at the option of the Named Insured, owned by others while on the portion of the premises occupied exclusively by the Insured.\nThis coverage also includes such unscheduled personal property while elsewhere than on the described premises, anywhere in the world:\n1. owned or used by an Insured; or\n2. at the option of the Named Insured,\na. owned by a guest while in a residence occupied by an Insured; or\nb. owned by a residence employee while actually engaged in the service of an Insured and while such property is in the physical custody of such residence employee or in a residence occupied by an Insured;\n3. but the limit of this Company\u2019s liability for the unscheduled personal property away from the premises shall be an additional amount of insurance equal to 10% of the amount specified for Coverage C, but in no event less than $1,000. * * *\n\u2014 Additional Conditions \u2014\n* * * 2. Special Limits of Liability on Certain Property: * * *\nb. Under Coverage C, this Company shall not he liable for loss in any one occurrence with respect to the following property for more than:\n(5) $500 in the aggregate on watercraft, including their trailers (whether licensed or not), furnishings, equipment and outboard motors; . . ..\n(Emphasis added.)\nThe policy limits defendant\u2019s liability in \u201cCoverage C \u2014Unscheduled Personal Property\u201d to $17,000, \u201csubject to all conditions of this Policy.\u201d\nJudge Friday concluded that \u201cParagraph 2(b)(5) under the Section of the insurance policy entitled \u2018Additional Conditions\u2019 is applicable to the loss to the boat, motor and trailer,\u201d and that defendant\u2019s liability is limited to $500 in the aggregate thereunder. Plaintiff appeals from this judgment.\nB. Kermit Caldwell, plaintiff-appellant, pro se.\nMitchell, Teele, Blackwell & Mitchell, by Marcus W. H. Mitchell, Jr., for defendant-appellee."
  },
  "file_name": "0346-01",
  "first_page_order": 374,
  "last_page_order": 376
}