Mattingly v. Springfield Fire & Marine Ins.
Court of Appeals of Kentucky
Case 96. — ACTION BY W. E. MATTINGLY AGAINST THE 'SPRINGFIELD FIRE AND MARINE INS'. CO. Appeal from Marion Circuit Court. Chas. Patteson, Circuit Judge. Judgment for defendant. Plantiff appeals. POINTS AND AUTHORITIES. 1. The company knowingly waived; retained with assent; itself waived all conditions for 22 months; waived all forfeiture.
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Case 96. — ACTION BY W. E. MATTINGLY AGAINST THE 'SPRINGFIELD FIRE AND MARINE INS'. CO. Appeal from Marion Circuit Court. Chas. Patteson, Circuit Judge. Judgment for defendant. Plantiff appeals. POINTS AND AUTHORITIES. 1. The company knowingly waived; retained with assent; itself waived all conditions for 22 months; waived all forfeiture. (87 Ky., 285; 84 Ky., 147; 70 Iowa, 238; 135 Ala., 259; 106 Ky., 815.) 2. Under the statute this corporation “collected and received” full premiums off plaintiff on total loss by fire to building; must pay full policy liability to its policy holder, the…
1Opinion of the Court
Opinion by
Judge Hobson
Reversing.
On November 8, 1900, appellee issued to W. E. Mattingly a policy insuring Ms dwelling house in the sum of $500 for three years, he then paying the entire premium of $12.50 in advance. The policy, among other things, contained the following stipulations: “This entire policy, .unless otherwise provided by agreement indorsed hereon or added hereto, shall be void # * * if the interest of the insured be other than unconditional 'and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple; * * * or if any change…
2Cases cited5 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Bell v. OffuttCourt of Appeals of Kentucky · 1874
- Walls v. Home InsuranceCourt of Appeals of Kentucky · 1903
- Continental Insurance v. BrowningCourt of Appeals of Kentucky · 1902
3Cited by11 opinions
- Continental Insurance Co. v. SimpsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Twin City Fire Insurance Co. v. Walter B. Hannah, Inc.Court of Appeals of Kentucky (pre-1976) · 1969
- Henry Clay Fire Insurance v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1930
- Continental Insurance Company v. TurnerCourt of Appeals of Kentucky (pre-1976) · 1928
- Hollerbach & May Contract Co. v. WilkinsCourt of Appeals of Kentucky · 1908
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