United Assurance Ass'n v. Frederick
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; 1. Tlie court committed reversible error in giving instruction No. 1 for appellee as to notice. It throws the responsibility on tbe appellant to get this notice to, and into the hands of the assured or beneficiary. The contract does not require this and if the notice was placed in the mails in the ordinary way, properly addressed, the association discharged its duty under the contract.
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Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; 1. Tlie court committed reversible error in giving instruction No. 1 for appellee as to notice. It throws the responsibility on tbe appellant to get this notice to, and into the hands of the assured or beneficiary. The contract does not require this and if the notice was placed in the mails in the ordinary way, properly addressed, the association discharged its duty under the contract. Mutual Aid, Union v. Wadley, 125 Ark. 449. The contract provides for notice by ordinary mail. The testimony shows that the notice was mailed as…
1Opinion of the CourtSmith, J.
The appellant is a mutual insurance society organized under the laws of this State for the relief of its members, and for the mutual aid of beneficiaries of such members in case of death of the member. It is not based upon any subscribed or paid-up capital .stock, either in whole or in part, but alone upon membership dues and pro rata assessments upon its members. Its business is'conducted substantially as follows: A small membership fee, or policy fee, is charged the applicant npon becoming a member and receiving a certificate thereon. When such party is accepted as a member, and the policy…
2Cases cited16 opinions
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- Maloney v. Maryland Casualty Co.Supreme Court of Arkansas · 1914
- Bluthenthal v. AtkinsonSupreme Court of Arkansas · 1910
- Southern Engine & Boiler Works v. VaughanSupreme Court of Arkansas · 1911
- Click v. SampleSupreme Court of Arkansas · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Goetz v. BlackMichigan Supreme Court · 1932
- Springfield Mutual Association v. AtnipSupreme Court of Arkansas · 1925
- American Life & Accident Ass'n v. WaltonSupreme Court of Arkansas · 1918
- Illinois Bankers' Life Ass'n v. MannSupreme Court of Arkansas · 1923
9 more not listed; retrieve them via the Exa API.