Fidelity & Casualty Co. v. Ballard & Ballard
Court of Appeals of Kentucky
Cabe 29 — INSURANCE CASE 1. A plaintiff must recover upon his petition and his right of recovery can not be enlarged or extended in any way by the proof offered. If the plaintiff was entitled to the issual of the policy his action should have been in equity to compel the defendant to issue a policy.
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Cabe 29 — INSURANCE CASE 1. A plaintiff must recover upon his petition and his right of recovery can not be enlarged or extended in any way by the proof offered. If the plaintiff was entitled to the issual of the policy his action should have been in equity to compel the defendant to issue a policy. Eames v. Home Insurance Co., of New York, 94 U. S., 621; -- v. North American Insurance Co., 23 Wend., 25; Perkins v. Washington Insurance Co., 4 Cowen, 645; Tayloe v. Merchants Fire Insurance Co., 9 Howard, 390. 2. This is not an action brought by the plaintiffs as trustees nor is it a suit in…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The parties are corporations, — the appellant an insurance company, the appellee engaged in the milling business. The appellee was desirous of taking out insurance policies, — one for its own protection, and one for the protection of its employes. It therefore made application to the appellant for two policies of insurance, — one known as the “Workman’s Collective Policy,” the other, as “Employers’ Liability Policy.” About the 18th of October, 1892, after some negotiations, applications were made for these policies.
This controversy is not in…
2Cases cited4 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Sandford v. Trust Fire InsuranceNew York Court of Chancery · 1845
3Cited by10 opinions
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
- Great Southern Life Ins. Co. v. DolanCourt of Appeals of Texas · 1922
- Murphy v. Great American InsuranceMissouri Court of Appeals · 1926
- Midwest Mutual Insurance Co. v. WiremanCourt of Appeals of Kentucky · 2001
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