Security Mutual Insurance v. Berry
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Zachariah T.- Wood, Judge; - 1. Appellee failed to comply .with the terms of the iron-safe clause of the policies. The credit book was not kept in a fireproof safe, and was destroyed by the fire.
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Appeal from Ashley Circuit Court; Zachariah T.- Wood, Judge; - 1. Appellee failed to comply .with the terms of the iron-safe clause of the policies. The credit book was not kept in a fireproof safe, and was destroyed by the fire. This clause in the contract has been upheld as reasonable, and its provisions have been .sustained as promissory warranties to be' strictly performed' to entitle the insured to recover for a loss. 19 Cyc. 761,-note'i;-58'Ark 565; 53 Ark. 353. A reasonable construction of the statute with reference to substantial compliance, Kirby’s Digest, § 4375a, will not excuse or…
1Opinion of the CourtHill, C. J.
This was an action on a fire insurance policy. Appellant presents two matters which it alleges should bar recovery.
1. It is claimed that the Tirón safe clause”' was not complied with in that the book containing the credit sales was lost in the fire. It was shown, however, by appellee that said credit sales were a small part of the business, and they were entered on a day book (the one lost) and transferred or copied into another book which was preserved and presented for inspection.
Appellant refers to the doctrine that there must be a strict compliance with this clause in order for the…
2Cases cited6 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Pelican Insurance v. WilkersonSupreme Court of Arkansas · 1890
- Mutual Reserve Fund Life Ass'n v. FarmerSupreme Court of Arkansas · 1898
- Western Assurance Co. v. AltheimerSupreme Court of Arkansas · 1894
- Security Mutual Insurance v. WoodsonSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fidelity Mutual Life Insurance v. BeckSupreme Court of Arkansas · 1907