German-American Insurance v. Humphrey
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. A. B. Grace, Special Judge. 1. John B. Mills had no authority to waive the forfeiture clause in the policy. He was a mere clerk in the office of his father, who himself could not waive it. 54 Ark. 75; 60 id. 532. The moment the chattel mortgage was placed on the property, the policy was void. No return of the premium was required.
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Appeal from Jefferson Circuit Court. A. B. Grace, Special Judge. 1. John B. Mills had no authority to waive the forfeiture clause in the policy. He was a mere clerk in the office of his father, who himself could not waive it. 54 Ark. 75; 60 id. 532. The moment the chattel mortgage was placed on the property, the policy was void. No return of the premium was required. May on Ins., sec. 567 ; 53 Ark. 155; 151 U. S. 452. 2. The validity of the provision forfeiting the policy in case the property should become incumbered is well sustained. May on Ins., sec. 571; 88 Mich. 94; 50 N. W. 100; 122 Pa.…
1Opinion of the CourtWood, J.
1. The plaintiff sued upon a fire insur- . r r auce policy, for the loss of certain hotel furniture. The defense was based upon alleged noncompliance with the terms of the policy, which provided “that if the subject of the insurance be personal property, and be or become encumbered by a chattel mortgage,” the policy should be void. The property covered by the policy was mortgaged after the issuance of the policy. But the plaintiff contends that the policy was only suspended during the continuance of the mortgage, and was revived by the discharge of the mortgage before the loss occurred. There…
2Cases cited10 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
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3Cited by31 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
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- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
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