Washington Life Insurance v. Menefee's
Court of Appeals of Kentucky
Case 42 — ACTION ON INSURANCE POLICY APPEAL PROM GRANT CIRCUIT COURT. 1. The only question of law is whether a general agent of an insurance company, which inserts in its printed applications, policies and receipts for premium, notice that no person except the president, vice-president or secretary can waive printed conditions, can take a note payable to himself personally for the premium, instead of cash, where the latter is required by the terms of the policy. Miss.
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Case 42 — ACTION ON INSURANCE POLICY APPEAL PROM GRANT CIRCUIT COURT. 1. The only question of law is whether a general agent of an insurance company, which inserts in its printed applications, policies and receipts for premium, notice that no person except the president, vice-president or secretary can waive printed conditions, can take a note payable to himself personally for the premium, instead of cash, where the latter is required by the terms of the policy. Miss. Valley Ins. Co. v. Neyland, 9 Bush, 430; Phoenix Ins. Co. v. Spiers & Thomas, 87 Ky., 285; Hartford Life & Ann. Co. v.…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
On the 26th of March, 1897, the appellee’s testator made application for a life insurance policy from, the appellant through its local agent in Grant county. The policy was made out for $5,000, dated March 31st, and sent to the local agent. Menefee died July 20, 1897, and appellee qualified as executor. Suit was brought upon the policy, and the trial court, the law. and the facts being submitted to the court, rendered a judgment in favor of appellee.
The first question presented on this appeal is whether there is any bill of evidence. The record…
2Cases cited4 opinions
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Stewart v. . Union Mutual Life Ins. Co.New York Court of Appeals · 1898
- Hartford Life & Annuity Insurance v. Hayden's Adm'rCourt of Appeals of Kentucky · 1890
- Mississippi Valley Life Ins. v. NeylandCourt of Appeals of Kentucky · 1872
3Cited by5 opinions
- Happy Coal Co. v. BrashearCourt of Appeals of Kentucky (pre-1976) · 1935
- Clark v. Wells-Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1926
- Germania Life Ins. v. LauerCourt of Appeals of Kentucky · 1906
- George Washington Life Insurance v. NorcrossCourt of Appeals of Kentucky · 1917
- Louisville Bridge Co. v. NeafusCourt of Appeals of Kentucky · 1901