Legal Opinion

Druggist Mut. Ins. Co. v. Baker

Court of Appeals of Kentucky (pre-1976)

Decided February 6, 1953PublishedCited by 9 opinions

1Opinion of the Court

DUNCAN, Justice.

Appellees recovered judgment for $1,594 for damages to their home alleged to have resulted from a windstorm within the coverage of an insurance policy issued by the appellant.

On the night of March 12, 1950, the north wall of appellees’ stone house collapsed. In their petition, appellees alleged that the wall fell as a result of a windstorm. Appellant traversed the allegations and plead affirmatively that the collapse was the result of faulty construction, general deterioration, and settlement of walls. Proof was heard on this issue, and the case was submitted to the jury on…

2Cases cited5 opinions

  1. Gerhard v. Travelers Fire InsuranceWisconsin Supreme Court · 1945
  2. Bogalusa Gin & Warehouse, Inc. v. Western Assur. Co.Supreme Court of Louisiana · 1942
  3. Fireman's Ins. Co. of Newark v. WeathermanCourt of Appeals of Texas · 1946
  4. Thomas J. Mulgrew Co. v. National Union Fire InsuranceSupreme Court of Iowa · 1919
  5. First National Bank v. Stephens & SteelyCourt of Appeals of Kentucky · 1914

3Cited by9 opinions

  1. Great American Insurance v. Railroad Furniture Salvage of Mobile, Inc.Supreme Court of Alabama · 1964
  2. Pearson v. Aroostook County Patrons Mutual Fire InsuranceSupreme Judicial Court of Maine · 1953
  3. St. Paul Fire & Marine Insurance v. Central Park Mobile HomesCourt of Appeals of Arizona · 1974
  4. Glens Falls Insurance Company v. OgdenCourt of Appeals of Kentucky (pre-1976) · 1958
  5. Danielson v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1959

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