Continental Insurance v. Vallandingham & Gentry
Court of Appeals of Kentucky
■Case 23 — Action by Vallandingham & Gentry against the Continental Ins. Co., &c., on a Policy op Fire Insurance. APPEAL PROM OWEN CIRCUIT COURT. Judgment por Plaintipps and Dependants Appeal. PROPOSITIONS' AND AUTHORITIES. 1. The conditions ol forfeiture in a policy of insurance, as indeed the -entire instrument, are to be construed' most strongly against the company. The company prepares! i't and is familiar with its details, and many conditions.
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■Case 23 — Action by Vallandingham & Gentry against the Continental Ins. Co., &c., on a Policy op Fire Insurance. APPEAL PROM OWEN CIRCUIT COURT. Judgment por Plaintipps and Dependants Appeal. PROPOSITIONS' AND AUTHORITIES. 1. The conditions ol forfeiture in a policy of insurance, as indeed the -entire instrument, are to be construed' most strongly against the company. The company prepares! i't and is familiar with its details, and many conditions. Its ambiguities are to be resolved against the company; and must be) liberally construed in favor of the insured, and! when words are without…
1Opinion of the Court
OriNIOK 03? .the coukt ey
JUDGE O’REAR
Aeeikming.
Appellees effected an insurance for $6,000 with appellants, six fire insurance companies, upon a stock of general merchandise at Wheatley, Ky. By .the reason of the burning of an adjacent building, threatening the one containing the insured goods, appellees removed the goods into the street and to a nearby lot. In the excitement, hurry, and reckless manner of handling by the crowd the goods were badly damaged by being soiled and otherwise abused. These suits are to recover the amount of the damage, laid at $4,000. The principal defense is that…
2Cases cited6 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- United States v. RobesonSupreme Court of the United States · 1835
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Chapman v. Rockford InsuranceWisconsin Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- US Fidelity & Guar. Co. v. RomayDistrict Court of Appeal of Florida · 1999
- Delaware Underwriters & Westchester Fire Insurance v. BrockTexas Supreme Court · 1919
- American Airlines, Inc., Trans World Airlines, Inc., Eastern Air Lines, Inc. v. Louisville and Jefferson County Air BoardCourt of Appeals for the Sixth Circuit · 1959
- Gatliff Coal Co. v. CoxCourt of Appeals for the Sixth Circuit · 1944
- Amerex Group, Inc. v. Lexington InsuranceCourt of Appeals for the Second Circuit · 2012
23 more not listed; retrieve them via the Exa API.