London & Lancashire Insurance v. Gerteisen
Court of Appeals of Kentucky
Case 102 — ACTION ON INSURANCE POLICY APPEAL EBO'M DAVIESS CIRCUIT COURT. 1. The policy was void because the subject of insurance was a building on ground not owned by the insured in fee simple. Home Ins. Co. v. Allen, 93 Ky., 271; Hartford Ins. Co. v. Haas, 87 Ky., 531. 2. George Hawes was not the agent of 'the appellant and Ms knowledge was not the knowledge of the company. Phoenix Ins.
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Case 102 — ACTION ON INSURANCE POLICY APPEAL EBO'M DAVIESS CIRCUIT COURT. 1. The policy was void because the subject of insurance was a building on ground not owned by the insured in fee simple. Home Ins. Co. v. Allen, 93 Ky., 271; Hartford Ins. Co. v. Haas, 87 Ky., 531. 2. George Hawes was not the agent of 'the appellant and Ms knowledge was not the knowledge of the company. Phoenix Ins. Co. v. Spiers & Thomas, 87 Ky., 285; Mechem on Agency, sec. 197. 3. The policy was void because, at the time of the fire, the distillery had ceased operations for more than ten consecutive days. Robinsou v.…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
Appellant issued to appellee on July 9, 1896, a policy by which it insured appellee’s distillery to the amount of $700 for twelve months from that time. On the 17th of November following, the property insured was destroyed by fire, and, appellant refusing to pay the policy, appellee instituted this action on May 8, 1897. Appellant defended the action on the ground that appellee had leased the ground on which the distillery stood, and that it was not in operation at the time of the fire; the policy providing that it should be void in case the…
2Cases cited3 opinions
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Kenton Insurance v. DownsCourt of Appeals of Kentucky · 1890
- Rogers v. Farmers Mutual Aid Ass'nCourt of Appeals of Kentucky · 1899
3Cited by19 opinions
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Connecticut Fire Insurance Co. v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1928
- Dodge v. Grain Shippers' Mutual Fire InsuranceSupreme Court of Iowa · 1916
- Glens Falls Insurance Company v. ElliottCourt of Appeals of Kentucky (pre-1976) · 1928
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