Legal Opinion

Aetna Life Insurance v. Ricks

Supreme Court of Arkansas

Decided May 7, 1906PublishedCited by 6 opinions

Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; 1. This is not a case of forfeiture of a policy. The insurance by the express terms of the contract ceased upon the nonpayment of .the premium. The payment of the premium was a condition precedent to the continuation of the risk. 85 Ky. 677; 77 Iowa, 233; 6 Ind. 502; 43 S. E. 433; 41 S. E. 227; 4 Ill. App. 145; 212 Ill. 382; 109 Mo. App. 137; 101 Ill.

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Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; 1. This is not a case of forfeiture of a policy. The insurance by the express terms of the contract ceased upon the nonpayment of .the premium. The payment of the premium was a condition precedent to the continuation of the risk. 85 Ky. 677; 77 Iowa, 233; 6 Ind. 502; 43 S. E. 433; 41 S. E. 227; 4 Ill. App. 145; 212 Ill. 382; 109 Mo. App. 137; 101 Ill. App. 318; 212 Ill. 382; 70 N. E. 1122; Deitch’s Ins. Dig. 1903, p. 310; 67 Ark. 147; 109 Mo. App. 137. 2. There is nothing in the contract to justify the contention…

1Opinion of the CourtRiddick, J.

This is an action by James Ricks against the Aetna Life Insurance Company to recover the sum of one hundred and twenty dollars. The company on the 24th day of July, 1903, issued to the defendant a policy of insurance against accidents, and on the 20th day of October following the plaintiff was injured by a blast of dynamite that blew off his thumb. He claims that under the terms of the policy he is entitled to recover of the company $10 per week for twelve weeks, the time lost by reason of said accident. The company admits that it issued the policy, but alleges that the policy by its terms…

2Cited by6 opinions

  1. Patterson v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1914
  2. Continental Casualty Co. v. VinesSupreme Court of Alabama · 1918
  3. Lacy v. Continental Casualty Co.Appellate Court of Illinois · 1912
  4. Standard Accident Insurance v. SmithCourt of Appeals of Kentucky · 1919
  5. Walker v. Pacific Mut. Life Ins. Co.Court of Appeals of Texas · 1929

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