Continental Casualty Co. v. Jasper
Court of Appeals of Kentucky
Case 9. — ACTION BY CYNTHIA JASPER AGAINST THE CONTINENTAL CASUALTY CO. ON AN ACCIDENT INSURANCE POLICY. Appeal from Greenup Circuit Court. James B. Harbeson, Circuit Judge. Judgment for plaintiff. Defendant appeals. To constitute a waiver the circumstances of the case, or the acts 'and 'declarations of the parties, must have indicated such an intent; and whether in the case at bar such an intent existed was a question of fact to be decided by the jury and not by the court.
Read the full summary
Case 9. — ACTION BY CYNTHIA JASPER AGAINST THE CONTINENTAL CASUALTY CO. ON AN ACCIDENT INSURANCE POLICY. Appeal from Greenup Circuit Court. James B. Harbeson, Circuit Judge. Judgment for plaintiff. Defendant appeals. To constitute a waiver the circumstances of the case, or the acts 'and 'declarations of the parties, must have indicated such an intent; and whether in the case at bar such an intent existed was a question of fact to be decided by the jury and not by the court. The only question of law involved in the question of waiver must relate to the legal definition of the word. For…
1Opinion of the Court
Opinion by
Judge O’Rear
Reversing.
This was an action upon a policy of accident insurance. The policy provided that, if the premium or any installment was not paid when due, the policy was to lapse. It was a form of industrial insurance used among patrons of the insurer, who were railroad employes. The policy contains these clauses relative to the premiums: “The consideration for this policy is the warranties contained in the application therefor (which is made part hereof) and the payment of the premium therefor when due, payment of which when due is a condition precedent to a recovery…
2Cited by5 opinions
- Short's Administratrix v. Reserve Loan Life InsuranceCourt of Appeals of Kentucky · 1917
- Hazelwood v. WoodwardCourt of Appeals of Kentucky (pre-1976) · 1939
- Prudential Life Insurance Co. of America v. BowlingCourt of Appeals of Kentucky (pre-1976) · 1931
- Stewart v. Continental Casualty CompanyCourt of Appeals of Kentucky (pre-1976) · 1929
- Benefit Ass'n of Railway Employees v. HancockCourt of Appeals of Kentucky (pre-1976) · 1933