Germania Insurance v. Ashby
Court of Appeals of Kentucky
Case 29 — Action on a Policy of FiSe Insurance — APPEAL FROM MUHLENBERG CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. Appellant presents the following authorities, and discusses propositions: (1) Its motion to quash service of summons should have been sustained. Sec. 631, Kentucky Statutes, provides that the delivery of a summons to the commissioner of insurance, of a foreign insurance company shall bind it.
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Case 29 — Action on a Policy of FiSe Insurance — APPEAL FROM MUHLENBERG CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. Appellant presents the following authorities, and discusses propositions: (1) Its motion to quash service of summons should have been sustained. Sec. 631, Kentucky Statutes, provides that the delivery of a summons to the commissioner of insurance, of a foreign insurance company shall bind it. Appellant filed its plea, stating that prior to the filing of plaintiff’s petition it had •ceased to do business in this State, and therefore contended that the reason for…
1Opinion of the Court
Opinion oe the court by
JUDGE WHITE —
Aittrming.
This is an action on a policy of insurance covering a stock'of groceries and the building wherein they were kept. The policy was for $á00 on the stock and $100 on building, and the action seeks to recover these sums for a total loss. The answer admitted the issual of the policy, but denied the loss of any goods, and pleaded that appellee in his application had falsely stated that he was the owner in fee of the land, when in fact he had no title "thereto. It was also pleaded that satisfactory proof of loss had not been furnished the company.…
2Cases cited1 opinion
- Home Ben. Soc. of New York v. MuehlCourt of Appeals of Kentucky · 1900
3Cited by27 opinions
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Fidelity & Casualty Co. v. CooperCourt of Appeals of Kentucky · 1910
- Groel v. United Electric Co.New Jersey Court of Chancery · 1905
- Southern Life Insurance v. HazardCourt of Appeals of Kentucky · 1912
- Horn v. Atlas Assurance SocietyCourt of Appeals of Kentucky (pre-1976) · 1931
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