Blackerby v. Continental Ins.
Court of Appeals of Kentucky
Case 80 — PETITION ORDINARY — APPEAL PROM HENRY CIRCUIT COURT. 1. A provision .in a contract of insurance that, on default of payment-. of any installment of a premium note, the policy shall lapse, and. the whole amount of premium be considered as earned, is invalid for want of mutuality. (Montgomery v. Phcenix Mut. Life Ins.
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Case 80 — PETITION ORDINARY — APPEAL PROM HENRY CIRCUIT COURT. 1. A provision .in a contract of insurance that, on default of payment-. of any installment of a premium note, the policy shall lapse, and. the whole amount of premium be considered as earned, is invalid for want of mutuality. (Montgomery v. Phcenix Mut. Life Ins. Co., 14 Bush, 60.) 2. The rule that parol evidence is not admissible to vary or contradict, the terms of a written cpntraet, does not apply when the writing-is silent as to certain conditions of the contract, or as to the time or manner of the performance of certain…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The policy of insurance issued by the appellee, the Continental Insurance Company of the city of New York, to' the appellant, Samuel J. Blackerby, contains this provision:. “This company shall not be liable for any loss or damage under this policy, if default shall ham been made in. the payment of any installment of premium due by the terms of the installment note. On payment by the assured or assigns of all installments- or premiums due under this policy, and the installment note given thereon, the liability of this •company on this policy shall…
2Cases cited4 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
- Wall v. . the Home Insurance Co.New York Court of Appeals · 1867
- Watrous v. Mississippi Valley Ins.Supreme Court of Iowa · 1872
3Cited by19 opinions
- Staples v. Continental Insurance Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1928
- Castleman-Blakemore Co. v. Pickrell & Craig Co.Court of Appeals of Kentucky · 1915
- Dale v. Continental InsuranceTennessee Supreme Court · 1895
- Kreitz v. GallensteinCourt of Appeals of Kentucky · 1916
- Rice v. California-Western States Life InsuranceCalifornia Court of Appeal · 1937
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