Hulen v. National Fire Insurance
Supreme Court of Kansas
Error from Labette district court; Elmer C. Clark, judge. STATEMENT. This is an action on an insurance policy covering a stock of merchandise at Mound Valley. The answer sets up a number of defenses, substantially as follow: The property was insured only when located in a certain building, as described, on lot 12, and after the issuance of the policy the plaintiff removed his stock of goods to a building situated on lot 10, where the rate of fire-insurance was higher.
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Error from Labette district court; Elmer C. Clark, judge. STATEMENT. This is an action on an insurance policy covering a stock of merchandise at Mound Valley. The answer sets up a number of defenses, substantially as follow: The property was insured only when located in a certain building, as described, on lot 12, and after the issuance of the policy the plaintiff removed his stock of goods to a building situated on lot 10, where the rate of fire-insurance was higher. The policy contained a provision that it might be canceled at any time at the request of the insured, or by the company, by…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The defendant insists that the failure of the plaintiff to have the additional insurance indorsed on the policy precludes his right to recover, and in the same connection the contention is made that the local agent was powerless to waive the conditions of the policy in respect of a change in the location of property and non-payment of the higher rate of premium, for the reason that he had no knowledge of the additional insurance at the time of the alleged waiver.
We regard it as of no importance that the policy for the additional insurance…
2Cases cited8 opinions
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- German Insurance v. GraySupreme Court of Kansas · 1890
- Phenix Insurance v. MungerSupreme Court of Kansas · 1892
- Hartford Fire Insurance v. McCarthySupreme Court of Kansas · 1904
- Cooper v. German-American InsuranceSupreme Court of Minnesota · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Service v. Pyramid Life InsuranceSupreme Court of Kansas · 1968
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Weston v. American InsuranceMissouri Court of Appeals · 1915
- Cue v. Connecticut Fire InsuranceSupreme Court of Kansas · 1913
- McPherson Mercantile Co. v. Reliance InsuranceSupreme Court of Kansas · 1917
4 more not listed; retrieve them via the Exa API.