Legal Opinion

American Insurance v. Hampton

Supreme Court of Arkansas

Decided December 20, 1890PublishedCited by 11 opinions

APPEAL from Greene Circuit Court. J. E. Riddick, Judge. There is no contention that notice was given appellant, or that it attempted to waive the condition prohibiting further insurance without its consent. The only contention is that the appellant waived the condition in the policy.

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APPEAL from Greene Circuit Court. J. E. Riddick, Judge. There is no contention that notice was given appellant, or that it attempted to waive the condition prohibiting further insurance without its consent. The only contention is that the appellant waived the condition in the policy. When an insurance policy provides that if the assured shall procure other insurance without the consent of the insuring company written on the policy, the policy shall be void ; the procuring further insurance without the consent so indorsed renders the policy void. 3 S. E. Rep., 732; *5 N. E. Rep. 810. The agent…

1Opinion of the Court

Battle J.

Appellees instituted this action against appellant to recover $600 on a policy of fire insurance. The policy sued on contained a clause in the following words l “ If the assured * * * shall have or hereafter make any other insurance on the property herein covered, or any part, thereof, without notice to and consent of this company in writing hereon, * * * then, and in every such case, this policy shall be null and void.” The defense to the action was-that the appellees, in violation of their agreement, procured, other insurance upon the property described in the policy sued upon, for…

2Cited by11 opinions

  1. Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
  2. Holland v. Interstate Fire Ins. Co.Supreme Court of Arkansas · 1958
  3. American Insurance v. HornbargerSupreme Court of Arkansas · 1908
  4. Sadler v. Fireman's Fund InsuranceSupreme Court of Arkansas · 1932
  5. American Natl. Ins. Co. v. LairdSupreme Court of Arkansas · 1958

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