Home Insurance v. Driver
Supreme Court of Arkansas
Appeal from Madison Circuit Court; 7. N Maples, Judge; 1. Appellee is not entitled to recover because of failure to comply with the terms of the policy requiring him to keep a set of books and an itemized inventory which would clearly show a complete record of the business transacted with reference to the property insured, including all purchases, sales and shipments, both for cash and. credit. 53 Ark. 358; 58 Ark. 565; 1 May on Ins. § § 1, 5, 6, 7; 61 Ark. 207; 62 Ark. 43.…
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Appeal from Madison Circuit Court; 7. N Maples, Judge; 1. Appellee is not entitled to recover because of failure to comply with the terms of the policy requiring him to keep a set of books and an itemized inventory which would clearly show a complete record of the business transacted with reference to the property insured, including all purchases, sales and shipments, both for cash and. credit. 53 Ark. 358; 58 Ark. 565; 1 May on Ins. § § 1, 5, 6, 7; 61 Ark. 207; 62 Ark. 43. 2. The policy was rendered void because the property insured was incumbered by a mortgage, which appellee failed to make…
1Opinion of the CourtMcCueloce, J.
This is an action to recover the amount of loss under a fire insurance policy issued by appellant company to appellee on his stock of merchandise situated at the village of Witter in Madison County. The policy is a standard form.
Appellant relies on three grounds of defense, viz.:
1st. A breach of warranty in the iron safe clause with reference to keeping a set of books and preserving the same in an iron safe or other safe place.
2nd. A breach of the warranty against incumbrances of the insured property.
3rd. Failure to furnish proof of loss within sixty days after the fire.
The evidence…
2Cases cited11 opinions
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- Pelican Insurance v. WilkersonSupreme Court of Arkansas · 1890
- Teutonia Insurance v. JohnsonSupreme Court of Arkansas · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Great Southern Fire Insurance v. Burns & BillingtonSupreme Court of Arkansas · 1915
- Business Men's Accident Ass'n of America v. CowdenSupreme Court of Arkansas · 1917
- Lord v. Des Moines Fire InsuranceSupreme Court of Arkansas · 1911
- Hanover Fire Ins. Co. v. EismanSupreme Court of Oklahoma · 1915
2 more not listed; retrieve them via the Exa API.