Fidelity Mutual Life Insurance v. Beck
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; The policy sued on is void because of false representations made in the application.
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Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; The policy sued on is void because of false representations made in the application. The two, when forming one transaction, are read together as the entire contract. 49 Ark. 320; 75 Ark. 29. See also 58 Ark. 528; 72 Ark. 623. The application itself -showing plainly that no attempt 'had been made to answer, appellant by accepting the application will be held to have waived an answer. 52 Ark. 11; 53 Ark. 215; 65 Ark. 581, 590. See also 53 Ark. 494; 71 Ark. 298.
1Opinion of the CourtHirl, C. J.
Mrs. Beck, the beneficiary in a policy upon the life of her husband, Jas. W. Beck, brought suit against the appellant life insurance company upon the same, and the trial resulted in the court directing a verdict in favor of the plaintiff therein, and the insurance company has appealed.
There was a written application for insurance, which contained the following agreement; “The truthfulness of each statement above made or contained, by whomsoever written, is material to the risk,, and is the sole basis of the contract with the said company; that I hereby warrant each and every statement herein…
2Cases cited4 opinions
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Mutual Reserve Fund Life Ass'n v. CotterSupreme Court of Arkansas · 1904
- Security Mutual Insurance v. BerrySupreme Court of Arkansas · 1906
3Cited by18 opinions
- St. Louis Southwestern Railway Co. v. ClemonsSupreme Court of Arkansas · 1967
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Jones v. LewisSupreme Court of Arkansas · 1909
- Hinton v. BryantSupreme Court of Arkansas · 1960
- Woodward v. BlytheSupreme Court of Arkansas · 1969
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