American Insurance v. Hornbarger
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The policy was inoperative, so long as the premium notes remained unpaid after maturity. A local agent has no power to waive suspension of a policy of insurance by reason of non-payment of notes given for the premium; and the fact of payment by the insured after the fire does not have a retroactive effect; it only revives the policy from the date of payment. 74 Ark. 507; 75 Ark. 29. 2. There was no proof of loss.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The policy was inoperative, so long as the premium notes remained unpaid after maturity. A local agent has no power to waive suspension of a policy of insurance by reason of non-payment of notes given for the premium; and the fact of payment by the insured after the fire does not have a retroactive effect; it only revives the policy from the date of payment. 74 Ark. 507; 75 Ark. 29. 2. There was no proof of loss. The statement furnished the company was not a compliance with the stipulations of the policy requiring a sworn proof of loss.…
1Opinion of the CourtBattle, J.
On the 28th of May, 1906, Mack Hornbarger and B. F. Harris, partners under the firm name of Hornbarger & Harris, commenced an action at law against American Insurance Company, of Tittle Rock, Arkansas. They alleged in their complaint that the defendant, “on the first of September, 1905, in consideration of the sum of $90, by its policy of insurance insured plaintiffs for a term of one year against loss or damage by fire or lightning, in an amount not exceeding $3,000, upon the following property, in the following amounts, while contained in the brick barn with iron roof, situated on the…
2Cases cited4 opinions
- Fidelity Mutual Life Insurance v. BussellSupreme Court of Arkansas · 1905
- Mutual Life Insurance v. AbbeySupreme Court of Arkansas · 1905
- American Insurance v. HamptonSupreme Court of Arkansas · 1890
- Jefferson Mutual Insurance v. MurrySupreme Court of Arkansas · 1905
3Cited by18 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- National Union Fire Insurance v. School District No. 55Supreme Court of Arkansas · 1916
- Holland v. Interstate Fire Ins. Co.Supreme Court of Arkansas · 1958
- Robnett v. Cotton States Life InsuranceSupreme Court of Arkansas · 1921
- E. H. Emery & Co. v. American InsuranceSupreme Court of Iowa · 1916
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