Continental Ins. v. Hargrove
Court of Appeals of Kentucky
CABE 88. — ACTION ON A FIRE POLICY BY W. S. HARGROVE AGAINST THE CONTINENTAL INSURANCE CO. OF NEW YORK. Appeal from Graves Circuit Court.
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CABE 88. — ACTION ON A FIRE POLICY BY W. S. HARGROVE AGAINST THE CONTINENTAL INSURANCE CO. OF NEW YORK. Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. 1. It is- not alleged in the amended petition that the plaintiff waived any specific provision of the policy involved in this suit. 2. It is not alléged, that the provisions, of the old policy or policies were the same or even similar to the provisions of the policy involved in this suit. 3. It is not alleged that. the policy in question covered the same property insured by any former policy. 4. The allegations contained in the…
1Opinion of the Court
Opinion of the Court-by
Judge O’Rear
Reversing.
Appellee was insured' against loss of his stock harm and contents by fire for a term of five years by a contract policy of insurance issued by appellant-company. The premium was to be paid in annual installments, and was evidenced by a note, due one-fourth September 1, 1907, for $7, and so on. The policy contained this provision: “It is expressly agreed that this company shall not be liable for any loss or damage that may occur to the property herein mentioned while any promissory note or obligation, or part thereof, given for the premiums, remains…
2Cases cited3 opinions
- Sullivan v. KuykendallCourt of Appeals of Kentucky · 1885
- Railway Officials & Employes Ass'n v. BeddowCourt of Appeals of Kentucky · 1901
- Potter v. Continental InsuranceCourt of Appeals of Kentucky · 1899
3Cited by23 opinions
- Kansas City Life Ins. Co. v. ElmoreCourt of Appeals of Texas · 1920
- Staples v. Continental Insurance Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1928
- Home Insurance v. RollCourt of Appeals of Kentucky · 1920
- Continental Insurance v. StrattonCourt of Appeals of Kentucky · 1919
- Louisville & Nashville Railroad v. Baker's AdministratorCourt of Appeals of Kentucky · 1919
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