Insurance Co. v. Brodie
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. John S. Little, Judge. The application formed a part of the policy and was a •warranty by the assured, and the company was not bound by any acts or statements made to or by any agent, unless ■inserted in the contract. All answers were warranted to be true.
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APPEAL from Crawford Circuit Court. John S. Little, Judge. The application formed a part of the policy and was a •warranty by the assured, and the company was not bound by any acts or statements made to or by any agent, unless ■inserted in the contract. All answers were warranted to be true. That a flue is not a chimney is clear. 30 N. V, 136; >6 W. Va., 4.23; Angelí on Ins., sec. 143. The acts and statements of Danayski (who was not shown to be an agent) were •clearly contrary to any authority which he may have had, and ■could not bind the company. 30 N. Y, 136 ; 2 Den., 73; 62 N. Y, 47; 11…
1Opinion of the CourtBattle, J.
This was an action upon a policy of fire insurance. One of the defenses to it was, that the policy had’ been issued on the faith of representations made by Brodie, whose dwelling was insured, which were false, and were declared in the policy, by the express agreement of the parties, to be wan anties.
Among the questions propounded to Brodie and answered' in his application for insurance, was the following: “Do all the stovepipes go directly into brick chimneys ?” To which-was appended the answer, “Yes.” None of the answers to the questions propounded were written by Brodie, but were written by…
2Cases cited28 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
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3Cited by42 opinions
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- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
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