Burlington Insurance v. Lowery
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duffie, Judge.. STATEMENT BY THE COURT. This is an appeal from a judgment for one thousand, dollars against the appellant upon a policy of fire insurance upon a dwelling house of the appellee which was consumed by fire, while the policy was in force. The defenses to the action áre: (1) Failure of the appellee to give notice of the loss.
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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge.. STATEMENT BY THE COURT. This is an appeal from a judgment for one thousand, dollars against the appellant upon a policy of fire insurance upon a dwelling house of the appellee which was consumed by fire, while the policy was in force. The defenses to the action áre: (1) Failure of the appellee to give notice of the loss. (2) Failure of the appellee to make proof of loss within thirty days next after said loss, as required by the policy of insurance. (3) Vacancy of the house at the time it was burned. (4) Conveyance of the…
1Opinion of the Court
Hughes, J.,
How notice of loss given.
(after stating the facts). The notice of loss given by John J. Sumpter at the instance of the assured was acknowledged by the company to have been received, and was sufficient. Notice by a local agent of the company, upon information communicated to him by the assured, is sufficient. West Branch Ins. Co. v. Helfenstein, 40 Pa. St. 289; Wood on Ins. (2 ed.), pp. 938, 939.
Notice in four days has been held “immediate,” and the policy of insurance in this case required immediate notice of loss. Hoffecker v. N. C. C. M. Ins. Co. 5 Houston (Del.), 101.
sufficiency…
2Cases cited4 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Burlington Insurance v. KennerlySupreme Court of Arkansas · 1895
- Coates v. Pennsylvania Fire InsuranceCourt of Appeals of Maryland · 1882
3Cited by18 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
- Reilly v. LindenSupreme Court of Minnesota · 1921
- McCord v. Masonic Casualty Co.Massachusetts Supreme Judicial Court · 1909
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