Liverpool & London & Globe Ins. v. Payton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. No proof of loss was furnished the company or waived by it. 122 Ark. 357; 120 Id. 268. 2. There was a breach of warranty. The answers were untrue and voided the policy. 4 L. R. A. (N. S.) 607; 27 Mich. 429; 177 U. S. 519; 183 Id. 308; 22 Sup. Ct.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. No proof of loss was furnished the company or waived by it. 122 Ark. 357; 120 Id. 268. 2. There was a breach of warranty. The answers were untrue and voided the policy. 4 L. R. A. (N. S.) 607; 27 Mich. 429; 177 U. S. 519; 183 Id. 308; 22 Sup. Ct. Rep. 133. 3. No notice was given nor proofs of loss filed within the sixty days. 87 Ark. 171; 72 Id. 484; 84 Id. 224; 91 Id. 43; 88 Id. 120. 4. Instruction No. 7, asked by defendant, should have been given. 82 Ark. 401-2; 57 Id. 279; 58 Id. 565, 528; 261 IT. S. 613; 14…
1Opinion of the CourtMcCulloch, C. J.
This is an action on a fire insurance policy where there was a total loss of the insured building and some of the insured contents and a partial loss of other property insured. The insurance policy was for $500 on gin house; $1,350 on machinery, such as gin stands, feeders, condensers, presses, elevator, etc., $300 on engine, boiler, smokestack, etc.; $75 on seed house, and $100 on cotton seed while contained in the seed house; making a total of $2,325.
There was a recovery below of the sum of $1,890.80, which included the full amount of insurance on the building, and the defendant insurance…
2Cases cited3 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Citizens' Fire Insurance v. LordSupreme Court of Arkansas · 1911
- Concordia Fire Insurance v. MitchellSupreme Court of Arkansas · 1916
3Cited by10 opinions
- Williams v. Pacific States Fire Ins. Co.Oregon Supreme Court · 1926
- National Union Fire Insurance v. CrabtreeSupreme Court of Arkansas · 1922
- American Life & Accident Ass'n v. WaltonSupreme Court of Arkansas · 1918
- Aetna Casualty & Surety Co. of Hartford v. BrashearsSupreme Court of Arkansas · 1956
- London Lancashire Ins. Co., Ltd. v. PayneSupreme Court of Arkansas · 1929
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