Dupriest v. American Central Life Insurance
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This is a suit on a life insurance policy. On the 28th clay of November, 1908, J. B. Dupriest made application to the American Central Life Insurance Company through Louis Lorch, its local agent at Searcy, Arkansas, for a policy of insurance upon his life for $2,000, and his wife A. H. Dupriest was named as beneficiary.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This is a suit on a life insurance policy. On the 28th clay of November, 1908, J. B. Dupriest made application to the American Central Life Insurance Company through Louis Lorch, its local agent at Searcy, Arkansas, for a policy of insurance upon his life for $2,000, and his wife A. H. Dupriest was named as beneficiary. He was examined by Dr. Hassell, the local medical examiner of the company at Searcy, and his application was forwarded to the company. On the same day he executed to Louis Lorch his note for the…
1Opinion of the Court
Hart, J.,
(after stating the facts). Did the court err in directing a verdict for the defendant? In deciding this question it is necessary to determine whether there was a delivery of the policy; for if it was not delivered there was no contract of insurance, and plaintiff can not recover.
It is very well settled that where nothing remains to be done by the insurer, the mailing of the policy, duly executed, to the insured constitutes a delivery. Mutual Reserve Fund Life Association v. Farmer, 65 Ark. 581; Armstrong v. Mutual Life Insurance Co., 96 N. W. 954, 121 Iowa 302; Kilborn v. Prudential…
2Cases cited5 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Mutual Reserve Fund Life Ass'n v. FarmerSupreme Court of Arkansas · 1898
- Armstrong v. Mutual Life InsuranceSupreme Court of Iowa · 1903
- Bay v. Monroe CountySupreme Court of Iowa · 1903
3Cited by3 opinions
- National Life Ass'n v. SpeerSupreme Court of Arkansas · 1914
- Missouri State Life Insurance v. BurtonSupreme Court of Arkansas · 1917
- House v. DavisSupreme Court of Arkansas · 1917