Legal Opinion

Kitt v. Home Indemnity Co.

Ohio Supreme Court

Decided May 17, 1950No. 31884PublishedCited by 10 opinions

1Opinion of the CourtZimmerman, J.

Was a directed verdict for the defendant proper under the evidence presented?

Claims of nonliability under insurance contracts are not favored by the courts; and this court on several occasions has refused to declare policies of insurance avoided because of a change in status of the insured property or the insured.

Thus, in West v. Citizens’ Ins. Co., 27 Ohio St., 1, 22 Am. Rep., 294, the holding was that a policy of insurance issued to a mercantile partnership on a stock of goods owned by the firm, which contained no provision limiting or restricting alienation of the property, was not avoided…

2Cases cited4 opinions

  1. Home Indemnity Co. v. Village of PlymouthOhio Supreme Court · 1945
  2. Hagan v. Scottish InsuranceSupreme Court of the United States · 1902
  3. Black v. AlberyOhio Supreme Court · 1914
  4. Southern Underwriters v. LookadooCourt of Appeals of Texas · 1939

3Cited by10 opinions

  1. Pilkington North America, Inc. v. Travelers Casualty & Surety Co.Ohio Supreme Court · 2006
  2. Chavers v. St. Paul Fire and Marine Insurance CompanyDistrict Court, N.D. Ohio · 1960
  3. Hagen v. J. C. Penney Casualty InsuranceOhio Court of Appeals · 1984
  4. Heil v. United Ohio Ins. Co.Ohio Court of Appeals · 1990
  5. Allstate Insurance v. BaileysDistrict Court, N.D. Ohio · 1958

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