Dabney v. Connecticut Fire Insurance

Citations

• 104 Kan. 796
• 180 P. 784
• 1919 Kan. LEXIS 363

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Cattle—Loss—In Possession of Commission Merchants —No “Change of Title or Possession.” The placing of cattle in the possession of commission merchants at a stockyards exchange to be sold on commission, and which were destroyed by fire before a sale was effected, is not such a change of possession as will avoid a contract of insurance wherein it was provided that if there was a change of title or possession of the cattle without the ag-reement of the insurer, The policy would be void.</p> <p>2. Same — No Additional Insurance by Consent of Insured. A provision in the policy that if the insured should make or procure any other contract of insurance without the consent of the insurer, it would operate to avoid the policy, was not violated where the stockyards exchange to which the cattle were shipped had procured insurance on all cattle brought into the yards, and of which policy the owner of the cattle had no knowledge.</p> <p>S. Same — No Increase in Risk by Acts of Insured. Another provision of the policy, to the effect that the insurer should not be liable for loss or damage caused by fire, if without the consent of the insurer the risk was increased by any means within the knowledge of the insured, was not violated by the shipment of the cattle from the pastures to the stockyards, since a stipulation of the policy relating to location expressly provided that the insurance was to cover the cattle located “anywhere.”</p>