McQueeny v. Phœnix Insurance
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. J. B. Wood, Judge. The two houses comprised the premises, and so long as either house was occupied, the premises were not vacant. The contract was entire and the consideration in gross, and hence not apportionable. See 28 Am. Rep., 116; 77 Am. Dec., 244; 38 III., 167; 32 N. Y, 403; 3p N. Y, 387; 38 Am. Rep., ips ; 72 N. Y, 118 ; 8 Atl. Rep., 424; 34 Am. Rep., 106 ; 30 N. W. Rep., 808, 862. No proof of loss was necessary.
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APPEAL from Garland Circuit Court. J. B. Wood, Judge. The two houses comprised the premises, and so long as either house was occupied, the premises were not vacant. The contract was entire and the consideration in gross, and hence not apportionable. See 28 Am. Rep., 116; 77 Am. Dec., 244; 38 III., 167; 32 N. Y, 403; 3p N. Y, 387; 38 Am. Rep., ips ; 72 N. Y, 118 ; 8 Atl. Rep., 424; 34 Am. Rep., 106 ; 30 N. W. Rep., 808, 862. No proof of loss was necessary. Denial of liability waives proof of loss. 13 West. R., 47; 8 S. W. Rep., 433; 6 Bush., 632; 30 Pick., 38p; in Mass., no.
1Opinion of the CourtHemingway, J.
The appellant brought suit against the ■appellee upon a policy of insurance, whereby, in consideration of a stated premium, it insured him against loss by fire in the sum of $iooo, the amount being apportioned as follows: $600 upon a residence and $400 upon a frame house held to let. It was alleged and admitted, that both houses were destroyed by fire during the term of the policy.
The policy contained-the following clause: “If, during this insurance, the above mentioned premises shall become vacant or unoccupied, or if the occupation or the possession of such premises is changed, except as…
2Cases cited12 opinions
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- State Insurance v. SchreckNebraska Supreme Court · 1889
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- Bowman v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1874
- Plath v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1877
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3Cited by13 opinions
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Reeder v. MeredithSupreme Court of Arkansas · 1906
- Clinton v. Norfolk Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1900
- Benham v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1911
- Farmers Fire Insurance v. FarrisSupreme Court of Arkansas · 1955
8 more not listed; retrieve them via the Exa API.