Pelican Insurance v. Wilkerson
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court, Jonesboro District. J. E. Riddick, Judge. 1. The “iron safe clause” was a warranty, and not merely a representation, and must be strictly complied with, or the policy is void. Wood on Ins., secs. 192, 179, 190; May on Ins., 1 and 2, secs. 156, 183, 179, 157, 184. Warranties must be true, whether material or not, ubi supra. 2. The assured did not comply with said clause. He did not keep such a record of his business as the clause required.
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APPEAL from Craighead Circuit Court, Jonesboro District. J. E. Riddick, Judge. 1. The “iron safe clause” was a warranty, and not merely a representation, and must be strictly complied with, or the policy is void. Wood on Ins., secs. 192, 179, 190; May on Ins., 1 and 2, secs. 156, 183, 179, 157, 184. Warranties must be true, whether material or not, ubi supra. 2. The assured did not comply with said clause. He did not keep such a record of his business as the clause required. Appellee was not only required to keep the last inventory till the fire and presentation to the adjuster, but was…
1Opinion of the CourtHughes, J.
Appellee insured in the appellant company a stock of goods for $1,000.00, which was destroyed by fire, and he brought suit against the company alleging that he kept and performed all the requirements and conditions of the policy of insurance by said company issued to him. The answer admits the first paragraph in said complaint, but denies that appellee had kept, observed and performed all the requirements and conditions contained in said policy; and alleged specifically that it was a condition in said policy, in the “iron safe clause,’’ that the assured should keep a set of books showing a…
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