American Insurance v. Haynie
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; statement oe the court. On the 15th- day of October, 1906, the American Insurance Company, in consideration of the sum of eighteen dollars, insured B. B. Haynie for the term of 3 years against loss by fire, for $450, on a dwelling house in the town of Bodcaw in Nevada County, Arkansas; for $100 on his household and kitchen ■ furniture and $50 on an organ, contained in his said dwelling house.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; statement oe the court. On the 15th- day of October, 1906, the American Insurance Company, in consideration of the sum of eighteen dollars, insured B. B. Haynie for the term of 3 years against loss by fire, for $450, on a dwelling house in the town of Bodcaw in Nevada County, Arkansas; for $100 on his household and kitchen ■ furniture and $50 on an organ, contained in his said dwelling house. On the 29th day of October, 1907, the building with most of its contents was destroyed by fire. This suit was brought by Haynie against the…
1Opinion of the CourtHart, J.
(after stating the facts). 1. At the request of the appellee the court instructed the jury that the law did not require him to furnish the insurance company with a proof of loss in order to recover the amount due for the destruction of his house by fire. This instruction was erroneous.
It has been expressly held by this court that in such cases the failure to present the proof of loss within the time prescribed by the terms of the policy works a forfeiture of the right to claim anything on the policy. Teutonia Insurance Co. v. Johnson, 72 Ark. 484; Arkansas Mutual Fire Insurance Co. v. Clark,…
2Cases cited16 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Reynolds v. AshabrannerSupreme Court of Arkansas · 1949
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Crawford v. Ozark InsuranceSupreme Court of Arkansas · 1911
- Beevers v. MillerSupreme Court of Arkansas · 1967
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
15 more not listed; retrieve them via the Exa API.