Commercial Fire Insurance v. Belk
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; George W. Hays, Judge; Mrs. Belle was not the sole and unconditional owner in fee simple, but had sold it. The policy was void. 72 Ark. 47; 77 Id. 57; 62 Id. 348; 63 Id. 187; 67 Id. 584; 82 Id. 400. 2. There was no waiver by the company. The agent knew nothing of the policies until after the fire. Besides he was the attorney, of the plaintiff. 3 Cooley’s Briefs on Insurance, 2774; 26 So. 655; 66 la. 466; 122 N. Y. 578; 24 Oh.
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Appeal from Calhoun Circuit Court; George W. Hays, Judge; Mrs. Belle was not the sole and unconditional owner in fee simple, but had sold it. The policy was void. 72 Ark. 47; 77 Id. 57; 62 Id. 348; 63 Id. 187; 67 Id. 584; 82 Id. 400. 2. There was no waiver by the company. The agent knew nothing of the policies until after the fire. Besides he was the attorney, of the plaintiff. 3 Cooley’s Briefs on Insurance, 2774; 26 So. 655; 66 la. 466; 122 N. Y. 578; 24 Oh. St. 67. 3. The burden was on plaintiff to prove the waiver. 3 Cooley’s Briefs on Insurance, 2768, 2773; 23 Ind. App. 121; 53 67 Id.…
1Opinion of the CourtBattue, J.
Adelia J. Belk brought this action against Commercial Fire Insurance Company on two policies of insurance executed by the defendant to plaintiff on the 9th day of October, 1906, insuring 'her hotel and dwelling house in the town of Thornton against fire for a period of one year. The policies contained the following conditions:
“This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material facts or circumstances concerning this insurance, of the subject thereof; or if the interest of the insured in the property be not truly stated herein;…
2Cases cited5 opinions
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- State Mutual Insurance v. LatouretteSupreme Court of Arkansas · 1903
- German-American Insurance v. HarperSupreme Court of Arkansas · 1905
- Arkansas Mutual Fire Insurance v. ClaiborneSupreme Court of Arkansas · 1907
3Cited by6 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- National Union Fire Insurance v. CrabtreeSupreme Court of Arkansas · 1922
- Springfield Fire & Marine Ins. v. E. B. Cockrell Holding Co.Supreme Court of Oklahoma · 1917
- Home Fire Insurance v. WilsonSupreme Court of Arkansas · 1915
- Missouri Pacific Railroad Company v. LambSupreme Court of Arkansas · 1938
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