Arkansas Mutual Fire Insurance v. Woolverton
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Sam W. Simpson, Special Judge; 1. The insured is required to take such an inventory as will show the character of the goods, and a mere summary is not sufficient to comply with the clause. 67 S. W. 153. In Texas it has been held that the rule as to substantial compliance does not apply where there has -been no compliance, or where there has been a clear case of negligence on the part of the insured. 25 Tex. Civ.
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Appeal from Conway Circuit Court; Sam W. Simpson, Special Judge; 1. The insured is required to take such an inventory as will show the character of the goods, and a mere summary is not sufficient to comply with the clause. 67 S. W. 153. In Texas it has been held that the rule as to substantial compliance does not apply where there has -been no compliance, or where there has been a clear case of negligence on the part of the insured. 25 Tex. Civ. App. 518; 77 S. W. 424. See also 19 Tex. Civ. App. 338. The iron-safe clause is a part of the policy; and while it refers only to the inventory, the…
1Opinion of the CourtMcCurroch, J.
This is an action on a fire insurance policy dated October 31, 1904, in the sum of $1,500, issued to the plaintiff on his stock of merchandise, store furniture and fixtures alleged to be of the value of $5,710.50, and which was destroyed by fire.
The defendant pleaded as a defense an alleged violation by plaintiff of the iron-safe clause of the policy whereby he agreed to keep his boobs and inventory, as well as the last inventory taken preceding the issuance of the policy, in a firé-proof safe, and produce the same after the fire, and deliver them to the company for examination. The alleged…
2Cases cited5 opinions
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Sun Insurance v. JonesSupreme Court of Arkansas · 1891
- Western Assurance Co. v. AltheimerSupreme Court of Arkansas · 1894
- Greenwich Insurance v. StateSupreme Court of Arkansas · 1905
- People's Fire Insurance v. GorhamSupreme Court of Arkansas · 1906
3Cited by17 opinions
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Monteleone v. Seaboard Fire & Marine Ins.Supreme Court of Louisiana · 1910
- Arkansas Mutual Fire Insurance v. StuckeySupreme Court of Arkansas · 1907
- Connecticut Fire Insurance v. BoydstonSupreme Court of Arkansas · 1927
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