Industrial Mutual Indemnity Co. v. Hawkins
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; James H. Stevenson, Judge; The liability of the defendant is determined from the language of the contract. 46 la 631. The provisions may limit total disability to the inability to carry on any and all kinds of business. Under such clause the insured must be unable to carry on, not only the duties of his ■ usual occupation, but the duties of any other occupation. 79 111. App. 145; 46 la. 631; 25 Tex. Civ.
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Appeal from Pulaski Circuit Court, Second Division; James H. Stevenson, Judge; The liability of the defendant is determined from the language of the contract. 46 la 631. The provisions may limit total disability to the inability to carry on any and all kinds of business. Under such clause the insured must be unable to carry on, not only the duties of his ■ usual occupation, but the duties of any other occupation. 79 111. App. 145; 46 la. 631; 25 Tex. Civ. App. 366; Joyce on Ins., § 3032; Bacon, Ben. Soc., § 395a. Wherever any contract contravenes any established interest of society, it is…
1Opinion of the CourtFraurnthar, J.
This was an action instituted upon a policy of insurance to recover indemnity for the time that plaintiff was unable to prosecute any business by reason of an injury received by him. On March 4, 1907, the defendant issued its indemnity policy of insurance, whereby it agreed that if the plaintiff. received an injury “which shall, independently of all other causes, immediately and wholly disable and prevent the insured from the prosecution of any and every kind of business for a period of not less than one week,” it would make certain weekly payments to him during the continuance of such…
2Cases cited9 opinions
- Foglesong v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
- Lyon v. Railway Passenger Assurance Co.Supreme Court of Iowa · 1877
- Young v. Travelers InsuranceSupreme Judicial Court of Maine · 1888
- American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Aetna Life Insurance Co. v. SpencerSupreme Court of Arkansas · 1930
- Prudential Insurance Co. of America v. SouthSupreme Court of Georgia · 1934
- Ætna Life Insurance v. PhiferSupreme Court of Arkansas · 1923
- Travelers' Protective Assoc. of America v. StephensSupreme Court of Arkansas · 1932
- Mutual Life Insurance Co. v. MarshSupreme Court of Arkansas · 1933
47 more not listed; retrieve them via the Exa API.