National Annuity Ass'n v. Carter
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; 1. The answers of 'deceased to questions propounded to him with reference to, his habits as to drinking intoxicants being false, and knowingly and wilfully so, as appears by the proof, he thereby perpetrated a fraud, and the certificate issued to him and the assumption of risk by the insurer, were void ah initio, and this fraud was material to the risk. 58 Ark. 529, 532, 535, 540, 544 and cases…
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Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; 1. The answers of 'deceased to questions propounded to him with reference to, his habits as to drinking intoxicants being false, and knowingly and wilfully so, as appears by the proof, he thereby perpetrated a fraud, and the certificate issued to him and the assumption of risk by the insurer, were void ah initio, and this fraud was material to the risk. 58 Ark. 529, 532, 535, 540, 544 and cases there cited; 72 Ark. 621, 623; 66 L. R. A. 322, 334. See also 37 Ark. 580; 52 Ark. 517; 53 Ark. 381; 100 Mass. 472. 2. If…
1Opinion of the CourtMcCulloch, C. J.
This is -an action instituted by the beneficiaries to recover on a benefit certificate issued by the Loyal Fraternal Home, a corporation engaged in the life insurance business on the fraternal plan, to Antonio Frankring, one of its members, now deceased. The certificate is in the following form:
“This certifies that Antone Frankring is -a member of the Loyal Fraternal Home Lodge No. 92, at Walnut Ridge, State of Arkansas, and within ninety days after receipt of satisfactory proofs of his death there shall be paid to______________ one thousand dollars. The conditions, benefits and provisions…
2Cases cited1 opinion
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
3Cited by8 opinions
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Missouri State Life Insurance v. WittSupreme Court of Arkansas · 1923
- Longer v. CarterSupreme Court of Arkansas · 1912
- Hogan v. Supreme Camp of American WoodmenSupreme Court of Florida · 1941
- Illinois Bankers' Life Ass'n v. HamiltonSupreme Court of Arkansas · 1934
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