Lancashire Insurance v. Monroe
Court of Appeals of Kentucky
Case 3 — PETITION ORDINARY 1. The demurrer should have been sustained to the petition. It is fatally defective in that it fails to allege that any proofs of loss were ever made out, or notice of loss sent to the company before suit was filed, nor were any facts plead showing waiver thereof by the company. These are conditions precedent to the right to maintain an action.
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Case 3 — PETITION ORDINARY 1. The demurrer should have been sustained to the petition. It is fatally defective in that it fails to allege that any proofs of loss were ever made out, or notice of loss sent to the company before suit was filed, nor were any facts plead showing waiver thereof by the company. These are conditions precedent to the right to maintain an action. Kenton Insurance Co. v. Downs, 90 Ky., 236; Columbia Insurance Co. v. Lawrence, 10 Peters, 507; Fireman’s Fund Insurance Co. v. Meschendorf, etc,, 14 Ky., L.Rep., 757. 2. Where the assured mortgages the title to property for…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
This was a suit by appellees on a fire insurance policy is*15sued in January, 1893, to Berry & Jefferson, liverymen in Cynthiana, Ky., and by them; assigned, in June,1893, with the consent of the insurance company to the appellees, successors to Berry & Jefferson, in the business named.
The fire occurred in September, 1893, and this action was brought in the following January. The policy was for the term of one year and provided against loss or damage by fire to an amount not exceeding $1,000, of which the sum of $800 was on their horses and $200…
2Cases cited4 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Kenton Ins. v. WiggintonCourt of Appeals of Kentucky · 1889
- Wytheville Ins. v. StultzSupreme Court of Virginia · 1891
- Farmers & Drovers' Ins. v. CurryCourt of Appeals of Kentucky · 1877
3Cited by21 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Niagara Fire Insurance v. LayneCourt of Appeals of Kentucky · 1915
- Provident Savings Life Assurance Co. v. DeesCourt of Appeals of Kentucky · 1905
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