Smith v. Herd
Court of Appeals of Kentucky
Case 7 — Action to Enforce a Judgment — APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Dependants and Plaintiff Appeals. Appellee company defends the suit on two grounds: First, Failure of Herd to provide satisfactory proofs of loss. Second. That more than one year elapsed between the date of the fire and the bringing of this suit, claiming that by the express terms of the policy .the claim is barred.
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Case 7 — Action to Enforce a Judgment — APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Dependants and Plaintiff Appeals. Appellee company defends the suit on two grounds: First, Failure of Herd to provide satisfactory proofs of loss. Second. That more than one year elapsed between the date of the fire and the bringing of this suit, claiming that by the express terms of the policy .the claim is barred. Appellant replies that notice was given to the company of the loss, and claims the record shows it was, on or before July 6, 1896, and within sixty days of the loss, in possession of as full…
1Opinion of the Court
Opinion of the court by
JUDGE DuRELLE
Affirming.
In May, 1896, appellant sold a house and lot in Lexington to appellee Herd. At the time of the sale the property was mortgaged to a building and loan association, and an insurance policy upon the house for $2,300 in the Hamburg-*59Bremen Insurance Company had been made payable to the building and loan company as its interest might appear. After the sale Herd took out an additional policy for $700 in the British-American Assurance Company, appellee here. Within ten days after the policy was taken out the house was burned. It was provided by the policy…
2Cases cited2 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Owen v. Howard InsuranceCourt of Appeals of Kentucky · 1888
3Cited by13 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Burlew v. Fidelity & Casualty Co. of New YorkCourt of Appeals of Kentucky (pre-1976) · 1938
- Ray v. Liberty Industrial Life Ins. Co.Louisiana Court of Appeal · 1938
- Federal Life Insurance v. Holmes' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1930
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