Home Insurance v. Allen
Court of Appeals of Kentucky
Cask 43 — PETITION OBDINABY APPEALS FROM JEFFERSON COURT OF COMMON PLEAS. 1. The word “ incumbrances,” in fire insurance policies, refers only to such incumbrances as are created by the act of the parties, not to those created by law. .(Bailey v. Homestead Fire Ins. Co., 9 Ins. Law Jour.,. 187; s. c. 80 N. Y., 21; Phoenix Ins. Co. v. Pickel, 18 Ins.
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Cask 43 — PETITION OBDINABY APPEALS FROM JEFFERSON COURT OF COMMON PLEAS. 1. The word “ incumbrances,” in fire insurance policies, refers only to such incumbrances as are created by the act of the parties, not to those created by law. .(Bailey v. Homestead Fire Ins. Co., 9 Ins. Law Jour.,. 187; s. c. 80 N. Y., 21; Phoenix Ins. Co. v. Pickel, 18 Ins. Law Jour., 592; s. c. 119 Ind., 155.) The attachment obtained by Mrs. Merriwether did not effect any change either in the title or the possession of the property. (Oldham v. Scrivner, 3 B. M., 579; Phoenix Ins. Co. v.' Lawrence, 4 Met., 9;.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
G-. Baylor Allen, being tbe owner of a farm in tbecounty of Sbelby, bad two policies of insurance on tbebuildings, tbe one issued'by tbe Home Insurance Company and tbe other by tbe Liverpool and London and *272Q-lobe Insurance Company. The two policies expired on the 20th of August, in the year 1885, and had been issued and the premiums paid for several years prior to the date at which the insurance terminated.
On the 26th of January, 1885, the insured, Baylor Allen, conveyed this land to his wife, Anna M. Allen, the deed being lodged for record on the…
2Cases cited1 opinion
- Phœnix Insurance Co. of Hartford v. MitchellIllinois Supreme Court · 1873
3Cited by5 opinions
- Niagara Fire Insurance v. LayneCourt of Appeals of Kentucky · 1915
- McKinney v. Western Assurance Co.Court of Appeals of Kentucky · 1895
- Aetna Insurance Company v. WeekleyCourt of Appeals of Kentucky (pre-1976) · 1930
- National Union Fire Ins. v. ShortCourt of Appeals for the Sixth Circuit · 1929
- Rowland v. Boston Insurance Co.Missouri Court of Appeals · 1932