Legal Opinion

Pelican Assurance Co. v. Schildknecht

Court of Appeals of Kentucky

Decided March 11, 1908PublishedCited by 8 opinions

CASE 36. — ACTION BY CONRAD SCHILDKNECHT AGAINST THE PELICAN ASSURANCE COMPANY OP NEW YORK ON A CONTRACT OP PIRE INSURANCE.— Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. Judgment for plaintiff. Defendant appeals. — PRINCIPLES•,AND AUTHORITIES RELIED,UPON ,BY ' APPELLANT. ‘ ‘ ‘ 1. Contract must be "complete and definite.

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CASE 36. — ACTION BY CONRAD SCHILDKNECHT AGAINST THE PELICAN ASSURANCE COMPANY OP NEW YORK ON A CONTRACT OP PIRE INSURANCE.— Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. Judgment for plaintiff. Defendant appeals. — PRINCIPLES•,AND AUTHORITIES RELIED,UPON ,BY ' APPELLANT. ‘ ‘ ‘ 1. Contract must be "complete and definite. “But to "entitle one to the specific performance of a verbal -agreement to insure, or to issue & policy, he must prove an oral contract of insurance, namely, the subject-matter, the risk insured against, the amount of…

1Opinion of the Court

Opinion of the Court by

Judge Lassing

Affirming.

Conrad Schildknecht is a contractor and builder in Louisville, Ky. R. 0. Breuer & Co. are general agents of appellant, the Pelican Assurance Company of New York, doing an insurance business in Louisville, Ky. On the 28th of August, 1905, appellee notified Breuer & Co. by telephone that he desired to have them insure three frame dwelling houses on Dupue street, in Louisville, which he was erecting. Some one in the ooffice of Breuer & Co. answered this telephone call, and stated to appellee that as the houses were not numbered, and the lots upon…

2Cases cited5 opinions

  1. Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
  2. London & Lancashire Insurance v. GerteisenCourt of Appeals of Kentucky · 1899
  3. Wright's Adm'r v. Northwestern Mutual Life InsuranceCourt of Appeals of Kentucky · 1891
  4. Security Fire Ins. v. Kentucky Marine & Fire Ins.Court of Appeals of Kentucky · 1869
  5. Baldwin v. Phoenix InsuranceCourt of Appeals of Kentucky · 1899

3Cited by8 opinions

  1. Connecticut Fire Insurance Co. v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Coverdill v. Northern Insurance Co.Michigan Supreme Court · 1928
  3. Norwalk Tire & Rubber Co. v. Manufacturers' Casualty InsuranceSupreme Court of Connecticut · 1929
  4. Kentucky Macaroni Co. v. London & Provincial Marine & General Ins.Court of Appeals for the Sixth Circuit · 1936
  5. Standard Fire Insurance Co. v. RobeyCourt of Appeals of Kentucky (pre-1976) · 1934

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