105 Ky. 323 | Ky. Ct. App. | 1899
delivered the opinion of the court.
Appellant seeks to avoid liability under the insurance policy sued on by appellee, on the grounds — First, that the proof of loss had not been furnished, as required by the terms of the policy; second, that there was a change in the title and possession of the insured premises; and, third, that the loss occurred while appellees were in default in the payment of the premium note due several months before the fire.
It Is clear, as substantially admitted by counsel for appellant, that the first defense was waived by the prompt denial of liability • on the part of the company when informed of the loss. Nor is there any merit in the second defense, there being no proof whatever of any change in the title or possession of the premises. The proof is to the contrary. It is admitted that the premium note due on December 1, 3894, was still unpaid in March, 1895, when the fire occurred. Briefly, the appellees’ excuse for nonpayment is that, when the premium became due, one of their number, who were joint owners, was about to become the owner of the entire property, and, not desiring to continue the policy in connection with the tornado policy, which had’ been taken at the same time in the same company, he wrote the company advising it of the contemplated change of ownership, and asking for terms op which he could have a cancellation of the tor