Citizens Insurance v. Henderson Elevator Co.
Court of Appeals of Kentucky
Case 64 — ACTION BY THE HENDERSON ELEVATOR CO. . AGAINST THE CITIZENS INSURANCE CO. Off MISSOURI ON A EIRE INSURANCE POLICY, Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for Plaintiff. Defendant appeals.
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Case 64 — ACTION BY THE HENDERSON ELEVATOR CO. . AGAINST THE CITIZENS INSURANCE CO. Off MISSOURI ON A EIRE INSURANCE POLICY, Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for Plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. This appeal is from the judgment for $1,200.00 on an insurance policy. 2. The defendant cancelled the policy, as provided therein, before the fire. 3. Plaintiff claims that the policy was, by agreement of the agent issuing it, to remain in force until other insurance was obtained. 4. This agent had no authority to attach such condition…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
On October 8, 1903, appellant’s local agent issued to appellee a policy of insurance for $1,200 on hay and grain in its warehouse at Janesville, 111. The policy among other things, contained this clause: “This policy shall be canceled at any time at the request of the insured or by the company by five days’ notice of such cancellation.” On October 16th the company wrote its local agent the following letter: “We are obliged to recall this policy as we are not writing hay, or building containing the same, under any condition. Kindly take up, and return…
2Cases cited1 opinion
- Miller v. Insurance Co.West Virginia Supreme Court · 1903
3Cited by9 opinions
- Galkin v. Lincoln Mutual Casualty Co.Michigan Supreme Court · 1937
- DeHaan v. MarvinMichigan Supreme Court · 1951
- French v. Columbia Life & Trust Co.Oregon Supreme Court · 1916
- Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930
- Carden v. Liberty Mut. Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1939
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