National Life Ass'n v. Speer
Supreme Court of Arkansas
Appeal from Greene Circuit Court, First Division; W. J. Driver, Judge; STATEMENT BY THE COURT. The appellee sued appellant to recover the sum of $2,000 on a policy of insurance which she alleged was issued by appellant and delivered to her husband, Dr. W. T. Speer; that her husband complied with the terms • of the contract of insurance, and that he died on the 17th day of October, 1911, while the policy was in full force; that proof had been made of his death according to…
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Appeal from Greene Circuit Court, First Division; W. J. Driver, Judge; STATEMENT BY THE COURT. The appellee sued appellant to recover the sum of $2,000 on a policy of insurance which she alleged was issued by appellant and delivered to her husband, Dr. W. T. Speer; that her husband complied with the terms • of the contract of insurance, and that he died on the 17th day of October, 1911, while the policy was in full force; that proof had been made of his death according to the terms of the contract of insurance and demand had been made on appellant, for the payment of the policy, which it had…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question presented by this record is, was the mailing of the policy to Wall and its receipt by him alone sufficient to constitute a delivery to the assured under the terms of the contract of insurance?
The court can not make agreements for parties, but must construe and enforce the agreements as the parties themselves have made them.
It was agreed between Doctor Speer and the appellant that the latter should “incur no liability under the application until the policy was issued and delivered to Doctor Speer while in good health.” Under this agreement…
2Cases cited4 opinions
- Horton v. New York Life InsuranceSupreme Court of Missouri · 1899
- Kilcullen v. Metropolitan Life InsuranceMissouri Court of Appeals · 1904
- Travelers' Fire Insurance v. Globe Soap Co.Supreme Court of Arkansas · 1908
- Dupriest v. American Central Life InsuranceSupreme Court of Arkansas · 1911
3Cited by11 opinions
- Brown v. AitkenSupreme Court of Vermont · 1916
- City of New Haven v. New Haven Water Co.Supreme Court of Connecticut · 1934
- New York Life Ins. v. RutherfordCourt of Appeals for the Ninth Circuit · 1922
- New York Life Insurance v. MasonSupreme Court of Arkansas · 1921
- Jenkins v. International Life InsuranceSupreme Court of Arkansas · 1921
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