Aetna Insurance v. Glasgow Electric Light & Power Co.
Court of Appeals of Kentucky
Case 16 — ACTION ON INSURANCE POLICY appeal from barren circuit court. 1. Where there is a limitation upon liability contained in the body of a policy of insurance, the petition, in order to state a cause ■of action, must, by proper averment, show a loss within the liability, as thus limited. Ins. Oo. v. Bland, 9 Dana, 146; Am. Accident Oo. v. Carson, 18 Ky.
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Case 16 — ACTION ON INSURANCE POLICY appeal from barren circuit court. 1. Where there is a limitation upon liability contained in the body of a policy of insurance, the petition, in order to state a cause ■of action, must, by proper averment, show a loss within the liability, as thus limited. Ins. Oo. v. Bland, 9 Dana, 146; Am. Accident Oo. v. Carson, 18 Ky. Law Rep., 308. 2. If different classes of property, covered by the same policies, are insured for separate and distinct amounts, recovery can only be had for the amount of these classes separately. Dwelling House Ins. Co. v. Freeman, 10…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This is an appeal by nine insurance companies from a judgment against them aggregating $11,500.
The appellee instituted nine separate actions to recover damages upon its several policies of insurance, for the alleged destruction by fire of its power house and machinery at Glasgow, Kentucky. The cases were transferred to equity, consolidated, and referred to a commissioner to report the property insured, its value, and the damage thereto, and, upon final hearing of the exceptions' to' the report by appellants, the judgment appealed from was…
2Cases cited2 opinions
- American Accident Co. v. CarsonCourt of Appeals of Kentucky · 1896
- German Insurance v. EddyNebraska Supreme Court · 1893
3Cited by6 opinions
- Springfield Fire Marine Ins. Co. v. RameyCourt of Appeals of Kentucky (pre-1976) · 1932
- Travelers Ins. v. Henderson Cotton MillsCourt of Appeals of Kentucky · 1905
- Hartford Fire Insurance v. Bourbon County CourtCourt of Appeals of Kentucky · 1903
- Hudson v. Scottish Union & National InsuranceCourt of Appeals of Kentucky · 1901
- Home Insurance v. CrowderCourt of Appeals of Kentucky · 1915
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