Thuringia Ins. v. Malott
Court of Appeals of Kentucky
Case 104 — Action on a Policy of Fire Insurance APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. Mrs. Malott, appellee, held a policy of insurance issued by appellant on her residence in Louisville. Its value was expressed in the policy as $1,800. In her suit she claimed that the injury amounted to a “total loss” of the property insured. The appellant traversed this averment, insisting there had been only a partial loss.
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Case 104 — Action on a Policy of Fire Insurance APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. Mrs. Malott, appellee, held a policy of insurance issued by appellant on her residence in Louisville. Its value was expressed in the policy as $1,800. In her suit she claimed that the injury amounted to a “total loss” of the property insured. The appellant traversed this averment, insisting there had been only a partial loss. There was evidence conducing to show that the loss was not total in any sense: that the foundation, chimneys and a considerable portion of…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellee’s frame dwelling house was insured 'by appellant .against loss or damage by Are. While so insured it sustained a damage which appellee contends was a total loss, but which appellant, on the contrary, insists was a partial loss only. Other questions were presented and tried out before the jury in the circuit court, but the verdiet of the jury, there being no ground of complaint as to the instructions concerning them, must be taken as conclusive. The sole question that we feel called upon to dispose of here, indeed the only one pressed upon…
2Cases cited11 opinions
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
- Monteleone v. Royal InsuranceSupreme Court of Louisiana · 1895
- Insurance Co. of North America v. BachlerNebraska Supreme Court · 1895
- Caledonian Insurance v. CookeCourt of Appeals of Kentucky · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Horn v. Atlas Assurance SocietyCourt of Appeals of Kentucky (pre-1976) · 1931
- Security Insurance Company v. RosenbergCourt of Appeals of Kentucky (pre-1976) · 1928
- Springfield Fire Marine Ins. Co. v. RameyCourt of Appeals of Kentucky (pre-1976) · 1932
- Grandview Inland Fruit Co. v. Hartford Fire InsuranceWashington Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.