Kinzer v. National Mutual Insurance Ass'n
Supreme Court of Kansas
Appeal from. Douglas district court. STATEMENT. This is an action on a fire insurance policy. The owner of the property recovered and the company appeals. The cause was tried to the court.
Read the full summary
Appeal from. Douglas district court. STATEMENT. This is an action on a fire insurance policy. The owner of the property recovered and the company appeals. The cause was tried to the court. The facts are stated in the following findings of the court: 1. “On September 9, 1909, and for a substantial period of time prior thereto, the plaintiff was the owner of Lot No. 40 on Eighth Street in the City of Baldwin, in this county, and on September 9, 1909, made application in writing to the defendant company for a policy of insurance for $1000 upon the following described property: ‘$1000 on one…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Authorities are cited to the effect that the written application and policy are to be construed together and that the policy must be held to cover the interest of the .insured in the brick wall. We do not understand that the trial court ruled differently. The *96statute so provides. (Gen. Stat. 1909, §4226; Smith v. Insurance Co., 82 Kan. 697, 702, 109 Pac. 390.) It follows by no means, however, that appellant is correct in the contention that the value of the appellee’s interest in the brick wall should have been deducted' from the amount for…
2Cases cited7 opinions
- Royal Insurance Co. v. McIntyreTexas Supreme Court · 1896
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
- Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
- O'Keefe v. Liverpool, London & Globe InsuranceSupreme Court of Missouri · 1897
- German Insurance v. EddyNebraska Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fire Ass'n of Philadelphia v. StrayhornTexas Commission of Appeals · 1919
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- State Auto Property & Casualty Insurance v. Boardwalk Apartments, L.C.Court of Appeals for the Eighth Circuit · 2009
- Unified School District No. 285 v. St. Paul Fire & Marine InsuranceCourt of Appeals of Kansas · 1981
- McKenzie v. Fidelity-Phenix Fire InsuranceSupreme Court of Kansas · 1931
1 more not listed; retrieve them via the Exa API.