Brumfield v. Union Insurance
Court of Appeals of Kentucky
Case 22 — PETITION ORDINARY APPEAL PROM M:CRACItEN COURT OP COMMON PLEAS. A provision in a policy of insurance that the insured shall give the insurer notice of any additional insurance on the property, and that the taking of other insurance without such notice shall forfeit the policy, is waived by notice to the agent at the time of applying for the policy that the insured intends to take out additional insurance in other companies. (Ins.
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Case 22 — PETITION ORDINARY APPEAL PROM M:CRACItEN COURT OP COMMON PLEAS. A provision in a policy of insurance that the insured shall give the insurer notice of any additional insurance on the property, and that the taking of other insurance without such notice shall forfeit the policy, is waived by notice to the agent at the time of applying for the policy that the insured intends to take out additional insurance in other companies. (Ins. Co. v. Eggleston, 96 U. S., 572; Ins. Co. v. Slaughter, 12 "Wall., 404; Phoenix Ins Co. v. Stevenson, 78 Ky.) A provision in a policy of insurance that…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant, Gr. H. Brumfield, on January 12, 1884, applied to the local agent of the appellee, the Union Insurance Company, for an insurance of eight hundred dollars upon his house in Paducah, Kentucky. It was agreed to, the general adjusting agent of the company being then present. For reasons unnecessary to be stated, the policy was not made out and delivered to the appellant for a couple of days thereafter, but was dated as of the day of the application, and was, therefore, an insurance upon the property for one year from that time. The…
2Cases cited3 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Phœnix Ins. v. StevensonCourt of Appeals of Kentucky · 1879
- Baer v. Phœnix InsuranceCourt of Appeals of Kentucky · 1868
3Cited by6 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Northwestern Nat. Ins. v. AvantCourt of Appeals of Kentucky · 1909
- Miracle v. New York Underwriters' Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Specht v. City of LouisvilleCourt of Appeals of Kentucky · 1909
- Kehm v. German Mutual Insurance, Court of Common Pleas of Ohio, Hamilton County1901
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