Walls v. Home Insurance
Court of Appeals of Kentucky
Case 68 — Acción ky J. W. Walls against the Home Insurance Company of New York to- Recover Loss on a Policy of Fire ■Insurance. — Jan. 28. APPEAL FROM CLAY COUNTY. Judgment for Defendant and Plaintiff Appeals.
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Case 68 — Acción ky J. W. Walls against the Home Insurance Company of New York to- Recover Loss on a Policy of Fire ■Insurance. — Jan. 28. APPEAL FROM CLAY COUNTY. Judgment for Defendant and Plaintiff Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. An insurance company retaining the overdue installment note for premium and insisting upon and demanding payment of same with notice to insured that if not paid same would be put out for collection or be sued on, waives its rights to forfeit the policy or to consider it as lapsed and it remains in force. Moreland v. Union…
1Opinion of the Court
■Opinion of the court by
JUDGE O’REAR
— Reversing.
Appellant, Walls, effected a contract of insurance upon bis dwelling bouse and contents with appellee insurance company for a term of years upon tbe plan of paying tbe premiums in annual installments. Tbe first premium was paid in advance for tbe first year’s insurance.- Appellant, when taking the insurance, executed to appellee a note for $30 for tbe aggregate of tbe four remaining years of the term. An equal part, to-wit, $7.50, was to be paid tbe 1st day of June of each year, and in advance for tbe insurance for that year. Tbe note contained…
2Cases cited2 opinions
- Moreland v. Union Central Life InsuranceCourt of Appeals of Kentucky · 1898
- Moore v. Continental InsuranceCourt of Appeals of Kentucky · 1899
3Cited by18 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- Staples v. Continental Insurance Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1928
- New England Mut. Life Ins. v. SpringgateCourt of Appeals of Kentucky · 1908
- Limerick v. Home InsuranceCourt of Appeals of Kentucky · 1912
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