Maryland Casualty Co. v. Chew
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; t. The statement of warranties was a part of the contract, and appellee was bound by it. 29 Ind. 568; 33 N. E. 106; 58 Ark. 528; 65 Ark. 295; 1 May on Ins. 335'. 49 S. W. 153; 53 N. Y. 603; 19 L. R. A. (N. S.) 798. Misrepresentation by the assured as to his occupation avoids the policy. 62 N. W. 1057; 65 Ark. 295. 2. It was error to permit the appellee to read as evidence to the jury the deposition of Dr. Smythe…
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; t. The statement of warranties was a part of the contract, and appellee was bound by it. 29 Ind. 568; 33 N. E. 106; 58 Ark. 528; 65 Ark. 295; 1 May on Ins. 335'. 49 S. W. 153; 53 N. Y. 603; 19 L. R. A. (N. S.) 798. Misrepresentation by the assured as to his occupation avoids the policy. 62 N. W. 1057; 65 Ark. 295. 2. It was error to permit the appellee to read as evidence to the jury the deposition of Dr. Smythe over the objection of appellant, the same having been taken on the part of appellant after notice given, and not offered by…
1Opinion of the CourtBattle, J.
Frank H. Chew brought an action against Maryland Casualty Company. Complaining/ he alleges in his complaint substantially as follows:
On the 29th day of May, 1906, the defendant, in consideration of $25 received by it, did issue and deliver to him a certain policy of insurance, and thereby insured him in the principal sum of $5,000, and for a weekly indemnity of $25, for a period of twelve months from May 28, 1906, against bodily injuries not intentionally self-inflicted, sustained by the assured, while sane and effected directly and independently of all other causes through external, violent…
2Cases cited4 opinions
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Sexton v. BrockSupreme Court of Arkansas · 1854
- Standard Life & Accident Insurance v. WardSupreme Court of Arkansas · 1898
- Ong Chair Co. v. CookSupreme Court of Arkansas · 1908
3Cited by9 opinions
- MFA Mutual Ins. Co. v. BradshawSupreme Court of Arkansas · 1968
- Interstate Business Men's Accident Ass'n v. NicholsSupreme Court of Arkansas · 1920
- Union Central Relief Ass'n v. JohnsonSupreme Court of Alabama · 1916
- Higginbotham v. Arkansas Blue Cross and Blue ShieldSupreme Court of Arkansas · 1993
- Dennis v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1935
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