Kenton Insurance v. Downs
Court of Appeals of Kentucky
Case 39 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The policy provided that proofs of loss should be furnished within thirty days after the fire, and that the loss should not be payable until sixty days after the receipt of such proofs of loss, and that no suit should be brought until the conditions and requirements of the policy had been complied with by the assured As the proofs of loss were not furnished within thirty days, the action can not be…
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Case 39 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The policy provided that proofs of loss should be furnished within thirty days after the fire, and that the loss should not be payable until sixty days after the receipt of such proofs of loss, and that no suit should be brought until the conditions and requirements of the policy had been complied with by the assured As the proofs of loss were not furnished within thirty days, the action can not be maintained. (Wood on Insurance, secs. 436, 437; 1 Allen, 279; 18 Wis., 392; 29 Pa. St, 198; May on Insurance, sec. 464;…
1Opinion of the Court
■JUDGE PRYOR
delivered the opinion of the court.
The Kenton Insurance Company, on the 26th of March, 1886, issued its policy of insurance to William *240Downs on a two-story frame building and the household furnituré — sixteen hundred dollars on the building and two hundred dollars on the furniture. The building was burned on the 7th of March, 1887. The preliminary proofs of loss were furnished on the 16th of April, 1887, and additional proof on the 16th and 25th of May of the same year.
The judgment below was for the policy-holder, Rebecca Downs, to whom it had been assigned, and from that judgment…
2Cases cited4 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
- Knickerbocker Insurance v. McGinnisIllinois Supreme Court · 1877
3Cited by39 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Hope Spoke Co. v. Maryland Casualty Co.Supreme Court of Arkansas · 1912
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
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