Home Insurance v. Mears
Court of Appeals of Kentucky
Case 39 — ACTION ON INSURANCE POLICY 1. The evidence showed the change of ownership. 2. The provision for forfeiture was a. valid one. Blackerby v. Continental Insurance Co., 83 Ky., 579. 3. There is no. evidence showing that the company warned the forfeiture incurred by non-payment of the note. Sympson had no authority to make such a waiver, and if he did so it was without consideration. The instrúctions should have conformed to this condition of the evidence.
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Case 39 — ACTION ON INSURANCE POLICY 1. The evidence showed the change of ownership. 2. The provision for forfeiture was a. valid one. Blackerby v. Continental Insurance Co., 83 Ky., 579. 3. There is no. evidence showing that the company warned the forfeiture incurred by non-payment of the note. Sympson had no authority to make such a waiver, and if he did so it was without consideration. The instrúctions should have conformed to this condition of the evidence. Continental Ins. Co. v. Coons, 14 Ky. Law Rep., 136. 1. There was a waiver of the proofs of loss. Phoenix Ins. Co. v. Spiers, &c., 87…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
Appellant seeks to avoid liability under the insurance policy sued on by appellee, on the grounds — First, that the proof of loss had not been furnished, as required by the terms of the policy; second, that there was a change in the title and possession of the insured premises; and, third, that the loss occurred while appellees were in default in the payment of the premium note due several months before the fire.
It Is clear, as substantially admitted by counsel for appellant, that the first defense was waived by the prompt denial of liability…
2Cases cited1 opinion
- Moreland v. Union Central Life InsuranceCourt of Appeals of Kentucky · 1898
3Cited by3 opinions
- Staples v. Continental Insurance Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1928
- Continental Insurance v. BrowningCourt of Appeals of Kentucky · 1902
- Jefferson Standard Life Ins. Co. v. PierceCourt of Appeals of Kentucky (pre-1976) · 1936