Burner's Administrator v. German-American Insurance
Court of Appeals of Kentucky
Case 53 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. 1. Ordinarily vacancy is not such' an increase of risk as will avoid a policy without express agreement to that effect, and the company having expressly waived the stipulation as to vacancy for a time, the subsequent vacancy after the expiration, of that time was not such an increase of risk as will avoid the policy.
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Case 53 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. 1. Ordinarily vacancy is not such' an increase of risk as will avoid a policy without express agreement to that effect, and the company having expressly waived the stipulation as to vacancy for a time, the subsequent vacancy after the expiration, of that time was not such an increase of risk as will avoid the policy. (May on Insurance, vol. 1, sec. 249 B.) And as the company gave a vacancy permit for thirty days and agreed to give further time, it will not be relieved of its liability, merely because the property was not…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
This action was brought by appellant in the Henderson Circuit Court on a policy of fire insurance. The answer admits the policy and the loss, but denies liability by reason of a forfeiture caused by the insured premises remaining vacant for more than ten days, and being vacant at the time of the fire.
By a reply appellant denied the forfeiture, while admitting that the premises were not absolutely occupied at the time of the fire, yet appellant claims that it was under the supervision and control of a party living within *372the same inclosure, who had…
2Cited by8 opinions
- Gish v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1905
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Continental Insurance Co. v. SimpsonCourt of Appeals of Kentucky (pre-1976) · 1927
- United States Bond & Mortgage Corp. v. BerryCourt of Appeals of Kentucky (pre-1976) · 1933
- Continental Insurance Co. of New York v. DunningCourt of Appeals of Kentucky (pre-1976) · 1933
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