Lord v. Des Moines Fire Insurance
Supreme Court of Arkansas
Appeal from Union Circuit Cornty George W. Hays, Judge; 1. Notwithstanding the provision in a policy requiring formal proof of loss, that requirement may he waived, as was done in this case by the acts of the adjuster in visiting the scene of the fire, examining the same “to his satisfaction” and by requesting appellant to furnish proofs of loss in a modified and different form from that required by the policy, and by his conduct leading-appellant to believe that by…
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Appeal from Union Circuit Cornty George W. Hays, Judge; 1. Notwithstanding the provision in a policy requiring formal proof of loss, that requirement may he waived, as was done in this case by the acts of the adjuster in visiting the scene of the fire, examining the same “to his satisfaction” and by requesting appellant to furnish proofs of loss in a modified and different form from that required by the policy, and by his conduct leading-appellant to believe that by conforming to his request no further proofs of loss would be necessary. 61 Ark. 108; 62 Ark. 348; 63 Ark. 188; 67 Fed. 577; 32…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by W. H. Lord on a policy of fire insurance in defendant company on his dwelling house and household goods in the town of El Dorado, Arkansas. The trial court instructed the jury to return a verdict in favor of the defendant, and from a judgment in the latter’s favor the plaintiff appealed.
The answer tendered two defenses, which are insisted on here in justification of the judgment of the lower court, namely, a forfeiture on account of other insurance obtained on the property without the consent of defendant company, which is forbidden by the terms of the policy,…
2Cases cited7 opinions
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- American National Insurance v. OtisSupreme Court of Arkansas · 1916
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
- American Insurance Union v. RowlandSupreme Court of Arkansas · 1928
4 more not listed; retrieve them via the Exa API.