Liverpool & London & Globe Insurance v. Heckman

Citations

• 64 Kan. 388
• 67 P. 879
• 1902 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleading and Practice — Invited Ruling. The general rule that a party can secure no advantage from an invited ruling applies where the court proceeds with the trial upon the erroneous theory adopted by the parties in their pleadings, when the party complaining, by his pleading, first induced the form of pleading adopted.</p> <p>2. Insurance — “Total Loss” Defined. The phrase “total loss,” or its equivalent, “wholly destroyed,” when applied to insurance, does not mean the complete annihilation or extinction of the property insured. Nor does the term require that the portion of the property remaining after loss shall have no value for any purpose whatever. It means only such destruction or loss of the property as deprives it of the character in which it was insured. ;</p> <p>3. - Question for Jury. Whether a loss by fire of property, covered by a policy of insurance is total or only partial is, or-| dinarily, a question of fact for the jury. '</p>