Baldwin v. Phoenix Insurance
Court of Appeals of Kentucky
Case 62 — ACTION FOR INSURANCE APPEAL PROM CLARK CIRCUIT COURT. A parol agreement to -renew an existing policy of insurance when it shall expire is valid, and in case of loss after the expiration of the existing policy and before the renewal is issued, the insurer is responsible in .damages t-o the insured for the breach of such an agreement. Squi-er v. Hanover Ins. Co., 80 N. Y., -; s. c. 46 N. Y. Sup., 30; King v. Cox, &c., 37 S. W. R., 877; Home Ins.
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Case 62 — ACTION FOR INSURANCE APPEAL PROM CLARK CIRCUIT COURT. A parol agreement to -renew an existing policy of insurance when it shall expire is valid, and in case of loss after the expiration of the existing policy and before the renewal is issued, the insurer is responsible in .damages t-o the insured for the breach of such an agreement. Squi-er v. Hanover Ins. Co., 80 N. Y., -; s. c. 46 N. Y. Sup., 30; King v. Cox, &c., 37 S. W. R., 877; Home Ins. Co. v. Adler, 71 Ala., 560; Manchester v. Assurance Co., 151 N. Y., 88. 1. A verbal contract of insurance, if otherwise valid, is not…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
The question involved in this case is whether a parol agreement to renew an existing policy of insurance when it shall expire is valid. The averments of the petition which we deem necessary to consider are substantially as follows: That from September 1, 1894, to September 1, 1895, the appellant held a policy of insurance in the appellee company, for which he paid an annual premium of $20; that the appellee insured him against loss by fire to the amount of $800 on a stock of leaf and manufactured tobacco, and on September 1, 1895, the appellee,…
2Cases cited1 opinion
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
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- Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
- Hartford Fire Insurance v. TrimbleCourt of Appeals of Kentucky · 1904
- Orient Insurance Company v. WingfieldCourt of Appeals of Texas · 1908
- Liverpool & London & Globe Ins. v. HintonMississippi Supreme Court · 1917
- Henry Clay Fire Insurance v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1930
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