London & Lancashire Fire Insurance v. Turnbull & Co.
Court of Appeals of Kentucky
Case 35 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. A contract of insurance may be complete without the payment of premium or issuing of policy. (Wood on Fire Insurance, sec. 20.) 2. Failure of assured to make proof of loss to one company will not release that company from liability to contribute to another company which pays the loss. (5 Insurance Law Journal, 664; Liverpool, London & Globe Ins.
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Case 35 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. A contract of insurance may be complete without the payment of premium or issuing of policy. (Wood on Fire Insurance, sec. 20.) 2. Failure of assured to make proof of loss to one company will not release that company from liability to contribute to another company which pays the loss. (5 Insurance Law Journal, 664; Liverpool, London & Globe Ins. Co. v. Yendier, &c., 33 Mich., 138; 6 Insurance Law Journal, 203.) 1. By provisions of policies in suit the right to contribution as co-sureties is destroyed between…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellees, R. B. Turnbull & Co., instituted suit in the Jefferson Court of Common Pleas against the appellant, on a policy of insurance issued by the appellant on the second day of January, 1884, to the appellees, R. B. Turnbull & Co., insuring the appellees’ stock of goods against loss by fire in the sum of five thousand dollars. The appellees, R. B. Turnbull & Co., .alleged that the value of the goods lost by fire amounted to eighteen thousand four, hundred and ninety-three dollars ; that the total amount of insurance thereon by the…
2Cited by18 opinions
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- Roberta Manufacturing Co. v. Royal Exchange Assurance Co.Supreme Court of North Carolina · 1912
- Home Ins. v. KoobCourt of Appeals of Kentucky · 1902
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