Howard Insurance v. Owen's Admr'x
Court of Appeals of Kentucky
Case 20 — PETITION ORDINARY — I. Prior verbal negotiations were merged in written application. (Oastleman v. So. Mu. Life Ins. Co., 14 Bush, 197.) 2. Parol testimony was inadmisible to modify the application. (Insurance Co. v. Holzkraft, 53 111., 516; Castleman v. So. Mu. Life Ins. Co., 14 Bush, 197.) 3. Agent had no power to insure after fire. (Stebbins v. Lancaster Ins.
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Case 20 — PETITION ORDINARY — I. Prior verbal negotiations were merged in written application. (Oastleman v. So. Mu. Life Ins. Co., 14 Bush, 197.) 2. Parol testimony was inadmisible to modify the application. (Insurance Co. v. Holzkraft, 53 111., 516; Castleman v. So. Mu. Life Ins. Co., 14 Bush, 197.) 3. Agent had no power to insure after fire. (Stebbins v. Lancaster Ins. Co., 60 N. H., 65; Bentley v. Columbia, &c., 17 N. Y., 421.) 4. Declarations of agent after fire were inadmisible. (Kook v. Godshaw, 12 Bush, 320; Roberts v. Burke, Litt., Sel. Cas., 411; Olay v. Swett 4 Bibb., 253; Murphy…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT
February 24, 1884, appellee, J. Y. Owen, residing and having a store-house in the village of Corydon, Henderson county, communicated by telephone with R. G-. Adams, agent, at the city of Henderson, ten *200miles distant, of appellant, the Howard Insurance-Company, about obtaining a policy of insurance on his building. And it was on that occaion agreed by Adams to insure it for one year for the amount and at the consideration fixed upon by them, Owen being informed by Adams, in substance, and relying upon the assurance, that the contract was made and…
2Cases cited1 opinion
- Security Fire Ins. v. Kentucky Marine & Fire Ins.Court of Appeals of Kentucky · 1869
3Cited by5 opinions
- Standard Fire Ins. Co. of Hartford v. BuckinghamCourt of Appeals of Texas · 1919
- Henry Clay Fire Insurance v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1930
- German Fire Insurance Co. of Freeport v. Gibbs, Wilson & Co.Court of Appeals of Texas · 1906
- Commercial Union Assur. Co. v. UrbanskyCourt of Appeals of Kentucky · 1902
- Atlas Assurance Co. v. Hub, Inc.Supreme Court of Oklahoma · 1925