Pacific Mutual Life Insurance v. Carter
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The appellee sued appellant on a policy of insurance issued ■by appellant -to appellee, insuring the latter against bodily injuries effected directly through external, violent and accidental means. The policy provided for the payment of one-third of $5,000 if the assured should become permanently and totally blind in either eye.
Read the full summary
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The appellee sued appellant on a policy of insurance issued ■by appellant -to appellee, insuring the latter against bodily injuries effected directly through external, violent and accidental means. The policy provided for the payment of one-third of $5,000 if the assured should become permanently and totally blind in either eye. The complaint alleged that on the 5Ü1 day of September, 1907, while he was engaged in his occupation as ■ brick contractor, and, while attempting to drive a nail, he struck said nail in…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The appellant did not waive the right to have any disputed questions of fact submitted to the jury. The bill of exceptions shows that appellant presented other prayers for instructions after its prayer for peremptory verdict. There is no' waiver in such cases. See note to Love v. Scatcherd, 77 C. C. A. 1, where numerous' authorities are collated.
2. The failure of appellee to pay the premium before the injury forfeited the policy. Hoselton, who was a mere soliciting agent, and no more, had no authority to continue the policy in force by issuing to…
2Cases cited10 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- American Insurance v. HornbargerSupreme Court of Arkansas · 1908
- Fidelity Mutual Life Insurance v. BussellSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- Mutual Life Insurance Co. v. MarshSupreme Court of Arkansas · 1933
- Countryside Casualty Co. v. GrantSupreme Court of Arkansas · 1980
- New York Life Insurance v. AdamsSupreme Court of Arkansas · 1921
- National Life Insurance v. MoutonTexas Supreme Court · 1923
56 more not listed; retrieve them via the Exa API.