People's Fire Insurance v. Goyne
Supreme Court of Arkansas
Appeals from Ashley Circuit Court; Zachariah T. Wood, Judge. Three suits were brought against the appellant by Goyne, by Bird and by Freeland & Bro. Recoveries were had in each suit by the plaintiffs, and the insurance association appealed. The cases were submitted together. STATEMENT BY THE COURT.
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Appeals from Ashley Circuit Court; Zachariah T. Wood, Judge. Three suits were brought against the appellant by Goyne, by Bird and by Freeland & Bro. Recoveries were had in each suit by the plaintiffs, and the insurance association appealed. The cases were submitted together. STATEMENT BY THE COURT. There was a jury trial in Goyne’s case, resulting in verdict and judgment for him against the insurance company in the sum of $1,018.24. Bird's case and Freeland’s case were tried before the court sitting as a jury by consent, and resulted in judgment for $1,044.40 and $569 respectively. The…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) These are the questions involved in these cases:
May an insurance company be estopped by the conduct of its agent, acting within the apparent scope of his authority, from availing itself of a false answer to a material question or other breach of warranty or violation of the provisions of the application or policy, notwithstanding clauses in the application or policy to the effect that the company shall not be bound by any such conduct or representation of its agent ? And if such estoppel is available, may it be proved by parol evidence, in the face of…
2Cases cited17 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- State Mut. Ins. Co. v. GreenSupreme Court of Oklahoma · 1915
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
34 more not listed; retrieve them via the Exa API.