Stevenson v. Phœnix Insurance
Court of Appeals of Kentucky
'Case 2 — PETITION OKDINAItY APPEAL PROM SCOTT COURT OE COMMON PLEAS. 1. Where a policy of insurance provides that it shall be void if the insured takes out other insurance on the property insured, the taking out of other insurance does not work a forfeiture of the first policy if the second policy, by reason of a provision to that effect, is void because of the prior insurance.
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'Case 2 — PETITION OKDINAItY APPEAL PROM SCOTT COURT OE COMMON PLEAS. 1. Where a policy of insurance provides that it shall be void if the insured takes out other insurance on the property insured, the taking out of other insurance does not work a forfeiture of the first policy if the second policy, by reason of a provision to that effect, is void because of the prior insurance. The overwhelming weight of authority is to this effect, and the ease of Suggs v. Liverpool, London and Globe Insurance Oo., MS. Op., March 27, 1880, being in conflict therewith, should be overruled. (Flanders on…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
This is an action by appellant to recover of appellee1 $3,000, amount of a policy of insurance issued October 25, 1877, for one year, on a dwelling-bouse destroyed by fire.
In the policy is contained the following condition : “If the assured shall have, or shall hereafter make *9any other insurance on the property hereby insured, or any part thereof, without. the consent of the company written hereon, * '* * then in every such case this policy shall be void.”
In defense of the action it was alleged that on the-same day, but after the policy was…
2Cases cited2 opinions
- Phœnix Ins. v. StevensonCourt of Appeals of Kentucky · 1879
- Baer v. Phœnix InsuranceCourt of Appeals of Kentucky · 1868
3Cited by10 opinions
- Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Springfield Fire & Marine Insurance v. SnowdenCourt of Appeals of Kentucky · 1917
- German Insurance v. ShaderNebraska Supreme Court · 1903
- Haselden v. Home Insurance Co. of New YorkCourt of Appeals of Kentucky (pre-1976) · 1933
- Smith v. PattonCourt of Appeals of Kentucky · 1898
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