Speagle v. Dwelling House Insurance
Court of Appeals of Kentucky
Case 90 — PETITION ORDINARY APPEAL FROM PAYETTE COURT OP COMMON PLEAS. 1. The temporary vacancy of two of the houses did not render the policy void. 2. The mechanics’ or lumbermens’ lien did not constitute such a change of title or such an encumbrance as invalidates the policy. (Phoenix Ins.
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Case 90 — PETITION ORDINARY APPEAL FROM PAYETTE COURT OP COMMON PLEAS. 1. The temporary vacancy of two of the houses did not render the policy void. 2. The mechanics’ or lumbermens’ lien did not constitute such a change of title or such an encumbrance as invalidates the policy. (Phoenix Ins. Co. v. Lawrence, 4 Met., 15.) 1. There was an actual vacancy of the two houses within the meaning of the policy at the time of the fire, one of them having been empty and unoccupied for two weeks and the other for eight days. (Note to Moore v. Phoenix Ins. Co., 10 Am. St. Rep., 390; Cont. Ins. Co. v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED TIIE OPINION OF THE COURT.
Ella C. Speagle. brought this action against Dwelling House Insurance Company to recover $1,000, on account of *648destruction by fire September 5, 1887, of four of nine dwelling houses, for which, April 30, 1887, it issued to her a policy of insurance amounting to $2,250, being, as stated, $250 on each.
Two defenses are pleaded: 1. That after the policy was issued two of the dwelling houses insured and destroyed became, and were,, when the fire occurred, vacant and unoccupied; whereby, as provided in the contract, the policy was rendered void. 2.…
2Cases cited1 opinion
- Phœnix Insurance v. LawrenceCourt of Appeals of Kentucky · 1862
3Cited by7 opinions
- Hanover Fire Insurance v. CrawfordSupreme Court of Alabama · 1898
- Insurance Co. of North America v. CheathemCourt of Appeals of Kentucky (pre-1976) · 1927
- Millard v. North River InsuranceWisconsin Supreme Court · 1930
- Niagara Fire Ins. Co. of N.Y. v. HankinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Hartford Fire Insurance Company v. BryanCourt of Appeals of Kentucky (pre-1976) · 1932
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