Legal Opinion

Phœnix Ins. v. Spiers

Court of Appeals of Kentucky

Decided May 24, 1888PublishedCited by 61 opinions

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

  1. Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
  2. Hutchinson v. Western InsuranceSupreme Court of Missouri · 1855
  3. Baer v. Phœnix InsuranceCourt of Appeals of Kentucky · 1868
  4. Von Bories v. United Life, Fire, & Marine InsuranceCourt of Appeals of Kentucky · 1871
  5. Manhattan Insurance v. Stein & ZangCourt of Appeals of Kentucky · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
  2. Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
  3. Arlotte v. National Liberty InsuranceSupreme Court of Pennsylvania · 1933
  4. Continental Casualty Co. v. LinnCourt of Appeals of Kentucky (pre-1976) · 1928
  5. 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.

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