Planters' Mutual Insurance v. Loyd
Supreme Court of Arkansas
Appeal from Little River Circuit Coui*t. STATEMENT BY THE COURT. On the 26th day of January, 1897, T. M. Loyd took out a policy of insurance in the Planter’s Mutual Insurance Association for the sum of $1,000 upon his dwelling house and certain furniture therein against loss by fire. Loyd had a short time previously made an application to the Teutonia Insurance Company for insurance upon this same property.
Read the full summary
Appeal from Little River Circuit Coui*t. STATEMENT BY THE COURT. On the 26th day of January, 1897, T. M. Loyd took out a policy of insurance in the Planter’s Mutual Insurance Association for the sum of $1,000 upon his dwelling house and certain furniture therein against loss by fire. Loyd had a short time previously made an application to the Teutonia Insurance Company for insurance upon this same property. The application made by Loyd to that company contained the following questions and answers in reference to the title of Loyd to the property he desired to insure: “Q. Is your title to the…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an .action on a fire insurance policy. The plaintiff, Loyd, in the written application upon which the policy was issued, stated that there were no unsatisfied judgments against him, and that he was the sole owner of the property to he insured. It was conclusively shown at the trial that these statements were not true. There were unsatisfied judgments against him, and he was not the owner of the property. It belonged to his wife. But it is said that if any forfeiture existed by reason of these statements in the application, it was waived. The…
2Cases cited6 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
- Traders Insurance v. NewmanIndiana Supreme Court · 1889
- Martin v. WardSupreme Court of Arkansas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
- United States Fidelity & Guaranty Co. v. MaxwellSupreme Court of Arkansas · 1922
- North River Insurance v. BelcherSupreme Court of Virginia · 1930
- Greenwich Insurance v. StateSupreme Court of Arkansas · 1905
18 more not listed; retrieve them via the Exa API.