Dodge v. Thomason
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; 1. The court erred in its declarations of law. While it is true that “a denial of liability waives proof of loss” (83 Ark. 128), a waiver obtained by misrepresentations or concealment of material facts required by the “iron safe clause” of a policy does not bind the insurer. One ought not to be allowed to take advantage of his own misrepresentations, even if he is honest in making them.
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Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; 1. The court erred in its declarations of law. While it is true that “a denial of liability waives proof of loss” (83 Ark. 128), a waiver obtained by misrepresentations or concealment of material facts required by the “iron safe clause” of a policy does not bind the insurer. One ought not to be allowed to take advantage of his own misrepresentations, even if he is honest in making them. It is an undue advantage, and opens the doors to dishonesty. Plaintiff’s acts worked an estoppel. 11 A. & E. Enc. Daw, 422-3; 67…
1Opinion of the CourtFrauenthar, J.
This is the second appeal of this cause to this court. The opinion of this court rendered upon the former appeal will be found in 83 Ark. 126 (Yates v. Thomason). The plaintiff below instituted this action against the People’s Fire Insurance Company upon a fire insurance policy. In its answer the defendant claimed that the plaintiff should -not recover because he had violated a number of the express provisions and conditions of the policy which avoided the contract of insurance. Amongst other grounds of forfeiture of the policy, it was alleged that the plaintiff had taken out other and…
2Cases cited10 opinions
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Greenwich Insurance v. StateSupreme Court of Arkansas · 1905
- Security Mutual Insurance v. WoodsonSupreme Court of Arkansas · 1906
- Phœnix Assurance Co. v. BoyetteSupreme Court of Arkansas · 1905
- Planters' Mutual Insurance v. HamiltonSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commercial Union Fire Insurance v. KingSupreme Court of Arkansas · 1913
- Mechanics' Insurance v. Inter-Southern Life InsuranceSupreme Court of Arkansas · 1931
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
- Conley v. Fidelity-Phenix Fire Ins.District Court, W.D. Arkansas · 1952
- Jacobs v. StateSupreme Court of Arkansas · 1911