Albany City Fire Insurance v. Keating

Citations

• 46 Ill. 394

Syllabus

<p>1. Fire isísübance—of power to cancel the policy. Where a policy of insurance contains an express provision that, if during the term of the policy the risk is increased in the manner named in such provision, the company may elect to terminate the policy, upon notice of their intention to do so, and the company should elect to give notice of such intention, their risk having been increased in the manner named in such provision, the liability of the company would terminate upon giving such notice.</p> <p>2. Special rusA—presumption as to whether the subject matter thereof was admitted under the general issue. When a special plea has been held insufficient by the judgment of the court, the presumption could not be indulged that the defence had been admitted under the general issue, although the subject matter of the special plea was admissible under the general issue.</p>