Arkansas Mutual Fire Insurance v. Clark
Supreme Court of Arkansas
Appeal from Lee Circuit Court; Hance N. Hutton, Judge; 1. No proof of loss was made within the time prescribed by the policy. This is fatal to a recovery. 65 Ark. 240; 72 Ark. 484. 2. Slayton was only a soliciting agent, and could not bind or estop the company by his acts.
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Appeal from Lee Circuit Court; Hance N. Hutton, Judge; 1. No proof of loss was made within the time prescribed by the policy. This is fatal to a recovery. 65 Ark. 240; 72 Ark. 484. 2. Slayton was only a soliciting agent, and could not bind or estop the company by his acts. Failure to furnish proof of loss is not among the 'fifteen forfeiture clauses contained in the policy, but merely provides that no suit shall be maintained “until after” compliance by the insured with all the provisions of the policy. 93 Mich. 81; 53 N. W. 514; 18 L. R. A. 85; 112 Tenn. 151; 79 S. W. 119; 64 L. R. A. 451;…
1Opinion of the CourtHart, J.
This suit was instituted by M. A. Clark to recover on a policy of insurance issued to him by Arkansas Fire Insurance Company.
M. A. Clark testified that the building covered by the policy-sued on was totally destroyed by fire on the first day of August, 1905. That a short time after the fire he had a carpenter named Tilson to make an estimate of the amount and kind of lumber and materials of which the building was built. That after it was made out by Tilson he handed it to Mr. Slayton, to be sent to the company. That he does not know,.but he supposes that Mr. Slayton sent it to the company.…
2Cases cited1 opinion
- Teutonia Insurance v. JohnsonSupreme Court of Arkansas · 1903
3Cited by8 opinions
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- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
- Home Insurance v. DriverSupreme Court of Arkansas · 1908
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