Northwestern Nat. Ins. v. Avant
Court of Appeals of Kentucky
Appeal from Craves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for plaintiff, defendant appeals So far as we have been able to find, no authority has gone so far as to hold that the mere solicitation by an agent of additional insurance, or the mere knowledge on his part that the insured at some time contemplates taking out additional insurance, will amount to a waiver of the expressed stipulations in a contract. AUTHORITIES CITED. Stevenson v. Phoenix Ins.
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Appeal from Craves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for plaintiff, defendant appeals So far as we have been able to find, no authority has gone so far as to hold that the mere solicitation by an agent of additional insurance, or the mere knowledge on his part that the insured at some time contemplates taking out additional insurance, will amount to a waiver of the expressed stipulations in a contract. AUTHORITIES CITED. Stevenson v. Phoenix Ins. Co., 83 Ky. 11; Ostrander on Fire Insurance, section 252; 111. Mut. Life Ins. Co. v. Malloy, 50 111. 419; Gilbert v. In-s. Co., 36…
1Opinion of the Court
Opinion op the Court by
Judge O’Rear
Reversing.
Appellee was insured against loss of her property by fire in a policy issued by appellant company in the sum of $500. The policy contained this provision: “This entire policy unless otherwise provided by agreement, and endorsed thereon, or added thereto, shall be void if the insured now has or shall hereafter make and procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy.” Subsequently appellee obtained another policy of insurance upon the same property for $100 to be written by…
2Cases cited2 opinions
- Commercial Union Assur. Co. v. UrbanskyCourt of Appeals of Kentucky · 1902
- Brumfield v. Union InsuranceCourt of Appeals of Kentucky · 1888
3Cited by8 opinions
- Haselden v. Home Insurance Co. of New YorkCourt of Appeals of Kentucky (pre-1976) · 1933
- Martin v. Provident Life & Accident InsuranceCourt of Appeals of Kentucky (pre-1976) · 1932
- National Union Fire Insurance v. ForknerCourt of Appeals of Kentucky (pre-1976) · 1927
- Roberts v. London Lancanshire Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1940
- Hind v. Cook & Co.Court of Appeals of Kentucky · 1924
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