Mutual Reserve Fund Life Ass'n v. Cotter
Supreme Court of Arkansas
Appeal from Cross Circuit Court Ferix G. Tayror, Judge. The policy is avoided for breach of the warranties in application. 58 Ark. 528; 77 N. W. 690; 20 Fed. 482; 47 S. W. 614. The court erred in instructing the jury that appellant must make out its defense “by a clear preponderance of all the testimony.” 37 Ark. 580; 58 Ark. 125; 52 Ark. 517; 53 Id. 381. The burden of proving compliance with express warranties is on the warrantor.' 100 Mass. 472; 36 Atl. 9; 61 Am.
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Appeal from Cross Circuit Court Ferix G. Tayror, Judge. The policy is avoided for breach of the warranties in application. 58 Ark. 528; 77 N. W. 690; 20 Fed. 482; 47 S. W. 614. The court erred in instructing the jury that appellant must make out its defense “by a clear preponderance of all the testimony.” 37 Ark. 580; 58 Ark. 125; 52 Ark. 517; 53 Id. 381. The burden of proving compliance with express warranties is on the warrantor.' 100 Mass. 472; 36 Atl. 9; 61 Am. Rep. 752; 1 Bidd, Ins. § 557. Policies of insurance are construed most strongly against the insurer. 67 Ark. 553. The question as…
1Opinion of the CourtBattle, J.
This action was brought by W. M. Kennedy, as administrator of John Riffey, deceased, and by Arthur Cotter and W. D.Newburn, against Mutual Reserve Fund Fife Association and United States Fidelity & Guaranty Company upon a policy of $1,000 issued by the Reserve Fund Fife Association on the life of John Riffey, for the benefit of Arthur Cotter and W. D. Newburn, and bearing date the 30th of June, 1898; Riffey having died. The plaintiffs recovered judgment, and the defendants appealed.
The policy was issued in pursuance of an application by John Riffey, the insured, in the month of June, 1898,…
2Cases cited2 opinions
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Mutual Reserve Fund Life Ass'n v. FarmerSupreme Court of Arkansas · 1898
3Cited by3 opinions
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- National Annuity Ass'n v. McCallSupreme Court of Arkansas · 1912
- Fidelity Mutual Life Insurance v. BeckSupreme Court of Arkansas · 1907