German Fire Insurance v. Board of Commissioners
Supreme Court of Kansas
Error from Shawnee District Court. Two cases were brought by the board of county commissioners of Shawnee county, Kansas, one against the German Fire Insurance Company, and the other against the Oakland Home Insurance Company, to recover upon two policies insuring a building situate upon the fair ground in Shawnee county, and known as a “grand stand.”
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Error from Shawnee District Court. Two cases were brought by the board of county commissioners of Shawnee county, Kansas, one against the German Fire Insurance Company, and the other against the Oakland Home Insurance Company, to recover upon two policies insuring a building situate upon the fair ground in Shawnee county, and known as a “grand stand.” It was alleged that the building was wholly destroyed by fire on September 28, 1888, and that, although proofs of loss had been made, and all the conditions of the contract had been performed by the board of county commissioners, the companies…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Each policy contained a condition provided that the insured should not keep or use gasoline upon the premises, and that a violation of the condition would avoid the policy. The facts agreed upon clearly show that the fire which destroyed the property was occasioned by the use of gasoline, and it fairly appears that the gasoline which caused the fire was kept and used upon the premises. The statement respecting it is not as explicit as it might have been, but we think that the fair import is, that the lunch counter was a part of the…
2Cases cited2 opinions
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Kelly v. Worcester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Packard Manufacturing Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1947
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
- Skidmore v. Star Insurance Co. of AmericaWest Virginia Supreme Court · 1943
- Concordia Fire Insurance v. JohnsonCourt of Appeals of Kansas · 1896
- Morgan v. Germania Fire InsuranceSupreme Court of Kansas · 1919