Phœnix Ins. v. Spiers
Court of Appeals of Kentucky
Cask 49 — PETITION ORDINARY APPEAL FROM OWEN CIRCUIT COURT. 1. The waiver of the right by a company to rely upon a breach of a condition in the policy as a release from liability must he unequivocal and of such character as to mislead the insured to his prejudice. (Plicenix Ins.
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Cask 49 — PETITION ORDINARY APPEAL FROM OWEN CIRCUIT COURT. 1. The waiver of the right by a company to rely upon a breach of a condition in the policy as a release from liability must he unequivocal and of such character as to mislead the insured to his prejudice. (Plicenix Ins. Oo. v. Stephenson, 78 Ky., 155.) A mere local agent and surveyor of an insurance company' has no authority to waive a condition contained in the policy of insurance. 1. A refusal by the company to pay the loss for a specified reason other than the failure to make proof of loss, is a waiver of the condition requiring…
1Opinion of the Court
JUDGE HOLT
delivered the omkjon of the court.
[ The appellant, The Phoenix Insurance Company, of Hartford, Conn., issued to the appellees, Spiers and Thomas, of New Liberty, Ky., a policy of insurance of one thousand two hundred dollars, for six months from February 20, 1888, upon twelve thousand pounds of tobacco.
It provided: “If the assured shall have, or shall hereafter make, any other insurance on the property hereby insured, or any part thereof, without the consent of the company written hereon, * *' * this policy shall be void. _ * * * The assured shall forthwith give notice of loss to…
2Cases cited6 opinions
- Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
- Hutchinson v. Western InsuranceSupreme Court of Missouri · 1855
- Baer v. Phœnix InsuranceCourt of Appeals of Kentucky · 1868
- Von Bories v. United Life, Fire, & Marine InsuranceCourt of Appeals of Kentucky · 1871
- Manhattan Insurance v. Stein & ZangCourt of Appeals of Kentucky · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Arlotte v. National Liberty InsuranceSupreme Court of Pennsylvania · 1933
- Continental Casualty Co. v. LinnCourt of Appeals of Kentucky (pre-1976) · 1928
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
56 more not listed; retrieve them via the Exa API.