Farmers & Drovers' Ins. v. Curry
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY APPEAL FROM SCOTT CIRCUIT COURT. First. The occupation of the property, as stated in the face of the policy, was a warranty as to the use and occupation of the property at the time of the issuing of the policy, and if such, if it was untrue, it must void the policy. (Flanders on Fire Insurance, 2d ed., p. 288; Ibid. 283, 284; Wall v. The East River Mu. Ins. Co., .7 New York, p. 370; Wood v. Hartford Ins. Co., 13 Conn. 533; Witherell v. Maine Ins.
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Case 14 — PETITION ORDINARY APPEAL FROM SCOTT CIRCUIT COURT. First. The occupation of the property, as stated in the face of the policy, was a warranty as to the use and occupation of the property at the time of the issuing of the policy, and if such, if it was untrue, it must void the policy. (Flanders on Fire Insurance, 2d ed., p. 288; Ibid. 283, 284; Wall v. The East River Mu. Ins. Co., .7 New York, p. 370; Wood v. Hartford Ins. Co., 13 Conn. 533; Witherell v. Maine Ins. Co., 49 Maine, 200; Stout v. The Fire Ins. Co. of New Havpn, 12 Iowa, 371; Jennings v. Chenango County Mu. Ins. Co., 2…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
This was an action by the appellees on a fire-policy issued by the appellant to the female appellee, insuring against loss or damage by fire a frame house owned by her, and situated in the town of Midway, in "Woodford County.
*315Reference was made in the policy to a written application for a policy issued by the appellant on the same property for the preceding year, and that application was made a part of this policy.
In that application the house was described as occupied, first story, as milliner’s-shop, post-office, dining-room, and bed-room; second…
2Cited by9 opinions
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Provident Savings Life Assur. So. v. Whayne's Admr.Court of Appeals of Kentucky · 1906
- Lancashire Insurance v. MonroeCourt of Appeals of Kentucky · 1897
- White v. Connecticut Mut. Life Ins.U.S. Circuit Court for the District of Western Missouri · 1877
- Warren Deposit Bank v. Fidelity & Deposit Co.Court of Appeals of Kentucky · 1903
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