Richardson's Adm'r v. German Ins. Co. of Freeport

• Decision Date: 20 February 1890
• Citation: 89 Ky. 571,13 S.W. 1
• Parties: RICHARDSON'S ADM'R v. GERMAN INSURANCE CO.
• Court: Kentucky Court of Appeals

13 S.W. 1

89 Ky. 571

RICHARDSON'S ADM'R v. GERMAN INSURANCE CO.

Court of Appeals of Kentucky.

February 20, 1890

Appeal from circuit court, Garrard county.

"To be officially reported."

Action by the administrator of the estate of Joseph Richardson deceased, against the German Insurance Company of Freeport Ill., upon a policy of insurance. There was judgment for defendant, and plaintiff appealed.

P. B Thompson, Sr., and H. C. Kauffman, for appellant.

D. S Clay, for appellee.

LEWIS C.J.

This is an appeal from a judgment dismissing an action instituted by appellant, administrator of the estate of Joseph Richardson, to recover of appellee value of a dwelling-house and furniture destroyed by fire, which was insured by a policy issued to decedent.

As all other conditions necessary to recover appear, from allegations of the petition, to exist, the single question presented is whether the policy became void, and of no effect, upon death of the assured, which occurred before destruction of the property. The policy, dated March 17 1883, contains the following: "The German Insurance Company, by this policy of insurance, in consideration of two notes for $26.50, do insure Joseph Richardson against loss or damage by fire and lightning, to the amount of $-----, on * * * dwelling-house and furniture. * * * And the said company hereby agree to make good unto the said assured, his executors, administrators, and assigns, all such immediate loss or damage, not exceeding in amount the sum insured, nor the interest of the assured in the property, nor the cash value of any building or other property at the time of loss, as shall happen by fire or lightning to the property above specified, from the 10th day of March, 1883, at 12 o'clock, noon, to the 10th day of March, 1888, at 12 12 o'clock noon, except such portion of the above-mentioned period of time as this company shall hold against the insured any promissory note past due and unpaid in whole or part; and during such portion of time the policy shall be null and void, and so continue till such promissory note is fully paid." Following provisions in regard to amount of loss and damage to be estimated, and right of the company to repair or rebuild the property destroyed, and others having no application to this case, is this clause in the policy: "If there is, or shall be, other prior, concurrent, or subsequent insurance, whether valid or not, on said property, or on any part thereof, without the company's consent hereon; or if said building * * * now is, or shall become, vacant or unoccupied; or if the hazard shall be increased in any way; or if the property, or any part thereof, shall be sold, conveyed, incumbered by mortgage or otherwise, or any change takes place in the title, use, occupation, or possession thereof, whatever; or if foreclosure proceedings shall be commenced; or if the interest of the...