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FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK v. HAMILTON

340 S.W.2d 218 (1960)

FIDELITY-PHENIX FIRE INSURANCE COMPANY OF NEW YORK, Appellant, v. Chester HAMILTON, Appellee.

Court of Appeals of Kentucky.

November 11, 1960.

Attorney(s) appearing for the Case

Farland Robbins, Robbins & Cross, Mayfield, Percy Brown, Jr., Ogden, Brown, Robertson, & Marshall, Louisville, for appellant.

L. M. Tipton Reed, Martin, Neely & Reed, Clyde Burnett, Mayfield, for appellee.

BIRD, Chief Justice.

Chester Hamilton's tobacco barn was destroyed by fire. He recovered from Fidelity-Phenix Fire Insurance Company for losses resulting from the fire. The insurance company has moved for an appeal under KRS 21.080.

The insurance policy provided as follows:

"Firing of Tobacco Clause (This Clause void as to Windstorm Insurance): It is a condition of this insurance that while tobacco is being `Fired' and for five (5) days thereafter...

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