German Insurance v. Gray
Supreme Court of Kansas
Error from Sumner District Court. This was an action for loss by fire upon a policy of insurance executed December 4,1885, insuring, among other property, the following, for the amounts named: Barn and shed, $200; hay, in barn, $200; grain, in barn and in stack on cultivated premises, $1,500.; farming implements, $300. The fire occurred on May 28, 1886, and the property mentioned, which is alleged to be of the total value of $2,200, was wholly destroyed by the fire.
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Error from Sumner District Court. This was an action for loss by fire upon a policy of insurance executed December 4,1885, insuring, among other property, the following, for the amounts named: Barn and shed, $200; hay, in barn, $200; grain, in barn and in stack on cultivated premises, $1,500.; farming implements, $300. The fire occurred on May 28, 1886, and the property mentioned, which is alleged to be of the total value of $2,200, was wholly destroyed by the fire. The plaintiff alleged that the contract of insurance was in full force at the time of the fire, that the property was destroyed…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
*5031. insurance-cation — com-" panyDouna. *501The greater part of the testimony taken in the case was with reference to the extent and value of the property destroyed, and as to whether or not the fire was the *502result of the action of the insured. But these questions, as well as all others upon which there was a conflict of evidence, have been determined by the jury in favor of the insured. The insurance company now seeks to escape liability upon the ground that Gray failed to disclose the existence of incumbrances upon the property when he made…
2Cases cited14 opinions
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Service v. Pyramid Life InsuranceSupreme Court of Kansas · 1968
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Schneider v. Washington National InsuranceSupreme Court of Kansas · 1968
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