Potter v. Continental Insurance
Court of Appeals of Kentucky
Case 515 — ACTION ON INSURANCE POLICY APPEAL PROM M’CRACKEN CIRCUIT COURT. The company was estopped by its practice of crediting the -appellee beyond the strict letter of his contract -and by retaining the payment from the 11-th to the 19th of November. May -on Insurance, secs. 360, 361, 362 and 4; Herman on Estoppel, 2d., secs. 1204, 1206, 1207; Phoenix Life Ins. Co. v. Raddin, 120 U. S., 19'6; Ins. Co. v. "W-olff, 95 U. S., 331; Ins.
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Case 515 — ACTION ON INSURANCE POLICY APPEAL PROM M’CRACKEN CIRCUIT COURT. The company was estopped by its practice of crediting the -appellee beyond the strict letter of his contract -and by retaining the payment from the 11-th to the 19th of November. May -on Insurance, secs. 360, 361, 362 and 4; Herman on Estoppel, 2d., secs. 1204, 1206, 1207; Phoenix Life Ins. Co. v. Raddin, 120 U. S., 19'6; Ins. Co. v. "W-olff, 95 U. S., 331; Ins. Co. v. Norton, 96 U. S., 241; 11 Am. & Eng. E-ncy. of Law, secs. 336, 338, 339, 340, 342; Blackberry v. -Continental Ins. Co., 7 Ky. Law Rep., 656; Continental…
1Opinion of the Court
JUDGE WHITE
delivered the otikion oe the court.
The appellant, Potter, entered into a contract of insurance with the appellee in November, 1894. The contract of insurance continued five years, or, by its terms, from November 2, 1894, to November 2, 1899. At the time of making the contract, November 2, 1894, appellant paid" a cash premium of $12.40, and executed his note for $49.60, payable in four annual installments, of $12.40, on November 1st. The policy provides: “But it is expressly agreed that this company shall not be liable for any loss or damage that may occur to tine property herein…
2Cited by4 opinions
- Staples v. Continental Insurance Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1928
- Continental Ins. v. HargroveCourt of Appeals of Kentucky · 1909
- Continental Insurance v. PedenCourt of Appeals of Kentucky · 1911
- Hartford Fire Insurance Co. v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927