Kenton Ins. v. Wigginton
Court of Appeals of Kentucky
©ash 52 — PETITION ORDINARY APPEAL PROM CARROLL CIRCUIT COURT. 1. An admission of an agent can only be proved against the principal when made while the business was being transacted, and not long after it was done. (Toeum v. Barnes, 8 B. M., 498.) 2. The facts proved do not amount to a waiver of proofs of loss.
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©ash 52 — PETITION ORDINARY APPEAL PROM CARROLL CIRCUIT COURT. 1. An admission of an agent can only be proved against the principal when made while the business was being transacted, and not long after it was done. (Toeum v. Barnes, 8 B. M., 498.) 2. The facts proved do not amount to a waiver of proofs of loss. The company had the right to investigate the title to the property, and all circumstances relating to the fire, in order to ascertain the liability, and appellee was not and should not have been misled by such investigation. (Manhattan Ins. Co. v. Stein, Sec., 5 Bush, 652; May on…
1Opinion of the Court
JUDGE PEYOE
delivered the opinion oe the court.
This case comes from the Superior Court by an appeal.
The appellant, the Kenton Insurance Company, made :a contract of insurance with the appellee, Wigginton, by which the company insured his dwelling-house against loss or damage by fire for the period of three years from the second day of November, 1886. The policy of insurance contains the usual stipulations with regard to notice and the preliminary proof as to the loss, as well as the representations by the insured that he was the owner in fee of the property. The dwelling insured having been…
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- Gleason v. Prudential Fire InsuranceTennessee Supreme Court · 1912
- Lancashire Insurance v. MonroeCourt of Appeals of Kentucky · 1897
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