Caledonian Insurance v. Cooke
Court of Appeals of Kentucky
Case 70 — PETITION ORDINARY 1. An award is a final and conclusive judgment as between the-parties respecting the matters determined by it, and the plaintiff’s recovery should have been on the award and not on the; contract of insurance.
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Case 70 — PETITION ORDINARY 1. An award is a final and conclusive judgment as between the-parties respecting the matters determined by it, and the plaintiff’s recovery should have been on the award and not on the; contract of insurance. Morse on Arbitration and Award, chap. 1, sec. 1, pp. 4, 34 and 36, chap. 18, p. 487. 2. If the arbitration is a nullity as claimed by appellee it certainly could not have operated as a waiver of proofs of loss. 3. Section 700, of the Kentucky Statutes, does- not in any way-change or alter what has been the common law bearing on contracts, and we must arrive at…
1Opinion of the Court
.JUDGE WHITE
belivered ttie opinion of the court.
This action was brought in the Warren Circuit Court by the appellee, Cooke, on a policy of fire insurance.
In his petition is alleged the issual of the policy, and that the property covered was destroyed by fire, within the limit of the policy, giving dates; that it was a total loss; that after the fire he notified the agent of the company in writing of the loss; that the defendant company investigated the circumstances of the fire and admitted its liability, and averred that this admission was a waiver of the necessary proofs required by the…
2Cases cited1 opinion
- Kenton Ins. v. WiggintonCourt of Appeals of Kentucky · 1889
3Cited by20 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Horn v. Atlas Assurance SocietyCourt of Appeals of Kentucky (pre-1976) · 1931
- Springfield Fire Marine Ins. Co. v. RameyCourt of Appeals of Kentucky (pre-1976) · 1932
- Hartford Fire Insurance v. Bourbon County CourtCourt of Appeals of Kentucky · 1903
- Hartford Fire Ins. Co. v. SullivanSupreme Court of Oklahoma · 1918
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