National Americans v. Bitch
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge, STATEMENT BY THE COURT. The National Americans is a fraternal ¡benefit association organized under the laws of the State of Missouri, and on the 13th day of March, 1912, issued a benefit certificate to Mrs. Martha E. Johnson, of 'Colt, Arkansas, in which Charles Hitch, her son, was named as 'beneficiary.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge, STATEMENT BY THE COURT. The National Americans is a fraternal ¡benefit association organized under the laws of the State of Missouri, and on the 13th day of March, 1912, issued a benefit certificate to Mrs. Martha E. Johnson, of 'Colt, Arkansas, in which Charles Hitch, her son, was named as 'beneficiary. In November, 1912, Mrs. Hitch died and the insurance association denying liability on the certificate because of alleged false warranties, Charles Hitch commenced this suit to recover on the benefit certificate. He died and the…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) The benefit certificate expressly provided that the questions and answers made by the applicant to the medical examiner should constitute a part of the contract of insurance and that such questions and answers were made warranties; and it was provided that if any of the answers or statements were not true the policy should be void. This constituted a valid agreement and a material false representation by the insured would render the policy void. Brotherhood of American Yeomen v. Fordham, 120 Ark. 605.
(2-3) It is first contended i that the insured made a…
2Cases cited5 opinions
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Des Moines Life Insurance v. ClaySupreme Court of Arkansas · 1909
- St. Louis Southwestern Railway Co. v. White Sewing Machine Co.Supreme Court of Arkansas · 1906
- Brotherhood of American Yeomen v. FordhamSupreme Court of Arkansas · 1915
3Cited by5 opinions
- Brotherhood of Railroad Trainmen v. MeridethSupreme Court of Arkansas · 1920
- CONTINENTAL CASUALTY COMPANY v. MulliganCourt of Appeals of Arizona · 1969
- Newell v. Arlington Hotel Co.Supreme Court of Arkansas · 1952
- W. O. W. Life Ins. Soc. v. DicksonCourt of Appeals of Texas · 1939
- National Bankers Life Ins. v. CartwrightCourt of Appeals of Texas · 1954