Richardson's Adm'r v. German Insurance
Court of Appeals of Kentucky
Case 87 — PETITION OBDINABY APPEAL FROM GARRARD CIRCUIT COURT. The policy sued on did not become void upon the death of the insured, the contract being to pay to the insured, “his executors,” &c. If it was intended that the policy should cease on the death of the insured, it should have been so expressed in the policy. An instrument is to he construed most strongly against the maker of it, and an insurance policy is not an exception to this rule.
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Case 87 — PETITION OBDINABY APPEAL FROM GARRARD CIRCUIT COURT. The policy sued on did not become void upon the death of the insured, the contract being to pay to the insured, “his executors,” &c. If it was intended that the policy should cease on the death of the insured, it should have been so expressed in the policy. An instrument is to he construed most strongly against the maker of it, and an insurance policy is not an exception to this rule. (Steel v. Mitchell, Sneed, 37; Thompson v. Thompson, 2 B. M., 166; Louisville Marine, &e., Oo. v. Bland & Coleman, 9 Dana, 143.) 'The death of the…
1Opinion of the CourtChief Justice Lewis
This is an appeal from a judgment dismissing an action instituted by appellant, administrator of the-estate of Joseph Richardson, to recover of appelleevalue of a dwelling-house and furniture, destroyed, by fire, which was insured by a policy issued to deceased. As all other conditions necessary to recover-appear, from uncontroverted allegations of the petition, to exist, the single question presented is, whether the policy became void and of no effect upon and by reason of death of the assured, which occurred before destruction of the property.
The policy, dated March 17, 1888, contains the…
2Cited by9 opinions
- Forest City Insurance v. HardestyIllinois Supreme Court · 1899
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
- Oldham's Trustee v. Boston InsuranceCourt of Appeals of Kentucky · 1920
- Planters' Mutual Insurance Ass'n v. DewberrySupreme Court of Arkansas · 1901
- Millard v. BeaumontMissouri Court of Appeals · 1916
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