Legal Opinion

Louisville Underwriters v. Pence

Court of Appeals of Kentucky

Decided April 2, 1892PublishedCited by 3 opinions

Oasis 19 — PETITION OBDINABY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The insured having failed, for fifteen days after maturity and demand, to pay the premium note, the policy, by its terms, “ became and remained void”; and was-not enforceable at the time of the loss.

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Oasis 19 — PETITION OBDINABY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The insured having failed, for fifteen days after maturity and demand, to pay the premium note, the policy, by its terms, “ became and remained void”; and was-not enforceable at the time of the loss. (Blackerby v. Continental Insurance Co., 83 Ky., 578; Bane v. Travelers’ Insurance Co., 85 Ky., 677; Phcenix Co. v. Stevenson, 83 Ky., 11; Mutual Insurance Co. v. Amersman, 119 111., 329; Shrimp v. Cedar Rapids, 124 111., 354; Wall v. Home Ins. Co., 36 N. Y., 157.) 2, The policy only promised to pay in case of loss from…

1Opinion of the Court

CHIEE JUSTICE HOLT

delivered the opinion of the court.

This is an action upon a marine policy of insurance. The appellant, the Louisville Underwriters, issued it to the appellee, S. Y. Pence, on November 26, 1885, insuring his steamboat, the Hibernia, valued at six thousand dollars, in the sum of four thousand dollars, for one year. The first premium note of one hundred and twenty dollars matured on February 26, 1886, and was unpaid, when on April 14,1886, the boat was stranded upon the Kentucky river. It was returning to Louisville from a trip up the river with a cargo worth perhaps nine…

2Cases cited3 opinions

  1. Orient Insurance v. AdamsSupreme Court of the United States · 1887
  2. Stevenson v. Phœnix InsuranceCourt of Appeals of Kentucky · 1884
  3. Bevan v. Bank of United StatesSupreme Court of Pennsylvania · 1839

3Cited by3 opinions

  1. Triplett v. . WilliamsSupreme Court of North Carolina · 1908
  2. Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Louisville Insurance v. MonarchCourt of Appeals of Kentucky · 1896

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