Rogers v. Farmers Mutual Aid Ass'n
Court of Appeals of Kentucky
Case 42 — ACTION ON INSURANCE: POLICY — APPEAL FROM MASON CIRCUIT COURT. 1. A violation of a condition in the policy that notice of additional insurance must be made to the secretary in writing did not render the policy void or voidable. 2. Appellee waived its right to avoid the policy, if it had any, by continuing to treat it as in force after it received notice of the additional insurance. , Citations: 11 Am: & Eng. Ency. of Law, 288; Fireman’s Ins. Co. v. Cecil, 12 Ky.
Read the full summary
Case 42 — ACTION ON INSURANCE: POLICY — APPEAL FROM MASON CIRCUIT COURT. 1. A violation of a condition in the policy that notice of additional insurance must be made to the secretary in writing did not render the policy void or voidable. 2. Appellee waived its right to avoid the policy, if it had any, by continuing to treat it as in force after it received notice of the additional insurance. , Citations: 11 Am: & Eng. Ency. of Law, 288; Fireman’s Ins. Co. v. Cecil, 12 Ky. Law Rep., 259; Rhode Island Underwriters’ Association v. Monarch, 98 Ky., 305; Yon Bor-ies v. United Life Ins. -Co., 8…
1Opinion of the Court
JUDGE BURNAM
delivered ti-ie opinion of the court.
The appellee, the Farmers’ Mutual Aid Association of Mason county, issued to appellant a policy of fire insurance on his dwelling house, for $250, about the 18th day of October, 1893; the value of the dwelling being fixed by the soliciting agent of the insurance company at $375; the policy being for two-thirds of the amount of such valuation. The first restriction in the policy provides that no house or other property will be insured for more than two-thirds of its cash value; the second restriction provides that “members of this company” may…
2Cases cited2 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
3Cited by6 opinions
- London & Lancashire Insurance v. GerteisenCourt of Appeals of Kentucky · 1899
- Henry Clay Fire Insurance v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1930
- A. H. Thompson Co. v. Security InsuranceCourt of Appeals of Kentucky (pre-1976) · 1933
- Kentucky Growers' Insurance v. LoganCourt of Appeals of Kentucky · 1912
- Martin v. Provident Life & Accident InsuranceCourt of Appeals of Kentucky (pre-1976) · 1932
1 more not listed; retrieve them via the Exa API.