Westchester Fire Insurance v. Smith
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Smith was not the “unconditional and sole owner. ’ ’ The policy was void. 63 Ark. 201; 4 L. R. A. (N. S.) 231; 6 Id. 852; 2 Clements on Fire Insurance, 155, 156. 2. There was no waiver. 1. Appellee told appellant’s agents of his interest in the property before the policy was issued, and before the proof of loss was made.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Smith was not the “unconditional and sole owner. ’ ’ The policy was void. 63 Ark. 201; 4 L. R. A. (N. S.) 231; 6 Id. 852; 2 Clements on Fire Insurance, 155, 156. 2. There was no waiver. 1. Appellee told appellant’s agents of his interest in the property before the policy was issued, and before the proof of loss was made. There were no intentional false statements made, nor any that were misleading. 100 Ark. 9; 75 Id. 251; 19 Cyc. 855. 2. A clear case of waiver is made. 100 Ark. 9; 52 Ark. 11, 16. The cases cited by appellant are not…
1Opinion of the CourtSmith, J.
Appellee, B. 0. Smith, was the owner of a dwelling house and barn, which he conveyed to J. H. and W. T. Maux, by deed dated January 12, 1914. The deed recited a consideration of $1,001, and was, in fact, the sum of $1,000, consisting of two notes, each for $500. No part of the consideration had been paid, except by the execution of these notes. A fire insurance policy was issued by the appellant insurance company, covering this property, on July 8,1915, for the sum of $600. This policy was issued to, and in the name of, B. O. Smith, as the owner. The property, was destroyed by fire on October…
2Cases cited6 opinions
- Capital Fire Insurance v. MontgomerySupreme Court of Arkansas · 1907
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
- Home Fire Insurance v. WilsonSupreme Court of Arkansas · 1915
- Hutchins v. Globe Life InsuranceSupreme Court of Arkansas · 1916
- Royal Insurance v. MorganSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National Union Fire Insurance v. WrightSupreme Court of Arkansas · 1924
- American Life & Accident Ass'n v. WaltonSupreme Court of Arkansas · 1918
- National Union Fire Insurance Co. v. KentSupreme Court of Arkansas · 1924
- Georgia Home Insurance v. BennettSupreme Court of Arkansas · 1918