Merchants' Fire Insurance v. McAdams
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. By the terms of the application and the policy sued on the answers to the questions in the application were made warranties ; and it is expressly stipulated in the policy that it should become void if the insured at the time had, or should thereafter procure, any other insurance, whether valid or not, on the property covered in whole or in part by this policy.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. By the terms of the application and the policy sued on the answers to the questions in the application were made warranties ; and it is expressly stipulated in the policy that it should become void if the insured at the time had, or should thereafter procure, any other insurance, whether valid or not, on the property covered in whole or in part by this policy. If appellee’s testimony that he mailed the policies of the other insurance companies be true, and if it be conceded that he thought they had been cancelled, ‘his case is not…
1Opinion of the CourtMcCulloch, J.
Appellee, McAdams, instituted separate actions against appellants, Merchants’ Fire Insurance Company and Planters’ Fire Insurance Company, to recover the amount of the several insurance policies, each for $1,000, issued to him by said respective companies on his frame store building, stock of merchandise and store furniture and fixtures. The court made an order consolidating the two actions as involving the same issues, and a trial resulted in a judgment in appellee’s favor against each company for the full amount of its policy and for damages and attorney’s fees under the statute. The…
2Cases cited5 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- German-American Insurance v. HarperSupreme Court of Arkansas · 1905
- Mutual Reserve Fund Life Ass'n v. CotterSupreme Court of Arkansas · 1906
3Cited by20 opinions
- Aetna Life Insurance Co. v. SpencerSupreme Court of Arkansas · 1930
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Equitable Life Assurance Society of the United States v. RummellSupreme Court of Arkansas · 1974
- Maryland Casualty Co. v. MaloneySupreme Court of Arkansas · 1915
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