Legal Opinion

Mutual Fire Ins. Agency of Louisville, Inc. v. Slater & Gilroy, Inc.

Court of Appeals of Kentucky

Decided March 5, 1954PublishedCited by 2 opinions

1Opinion of the Court

COMBS, Justice.

The appellee recovered judgment in the amount of $2,237.20 on a fire insurance policy issued by the appellant. The property damaged by the fire was a furnace and appurtenant parts. When discovered, the fire had escaped from the furnace and covered the entire furnace pit.

The question is whether the damage was caused by a friendly fire or a hostile fire, or by a combination of both. Generally speaking, a fire that burns in a place where it is intended to burn to accomplish an intended purpose is a friendly fire. When a fire breaks out from where it was intended to be it is a…

2Cases cited4 opinions

  1. American Towing Co. v. German Fire InsuranceCourt of Appeals of Maryland · 1891
  2. New Hampshire Fire Insurance v. RupardCourt of Appeals of Kentucky · 1920
  3. Progress Laundry & Cleaning Co. v. Reciprocal ExchangeCourt of Appeals of Texas · 1937
  4. Great American Ins. Co. v. CrumeCourt of Appeals of Kentucky (pre-1976) · 1936

3Cited by2 opinions

  1. Scott v. ALLSTATE INDEMNITY COMPANYDistrict Court, N.D. Ohio · 2006
  2. Bergren v. Premier InsuranceCalifornia Court of Appeal · 1976

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