Home Fire Insurance v. Stancell
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Gamer Fraser, Special Judge; When a policy of insurance stipulates that it should be void during the time the policy note or any part of it should remain unpaid, after becoming due, the insurer is relieved from liability during .the continuance of such default. 74 Ark. 507; 85 Ark. 3371 75 Ark. 25. The burden of proof is on the insured to show a waiver of forfeiture by the insurer. 67 Ark. 584; 13 Ency.
Read the full summary
Appeal from Cleburne Circuit Court; Gamer Fraser, Special Judge; When a policy of insurance stipulates that it should be void during the time the policy note or any part of it should remain unpaid, after becoming due, the insurer is relieved from liability during .the continuance of such default. 74 Ark. 507; 85 Ark. 3371 75 Ark. 25. The burden of proof is on the insured to show a waiver of forfeiture by the insurer. 67 Ark. 584; 13 Ency. Ev. 539, 1020. And the proof must be clear and convincing. 13 Ency. Ev. 1020, and 29 Ency. Ev. 1105. If agreed to by the parties, payment may be made by…
1Opinion of the CourtFrauEnthal, J.
This was an action instituted by Mrs. E. M. Stancell, the plaintiff below, to recover upon a policy of insurance, by the terms of which the defendant insured the plaintiff’s house against loss by cyclone. In its answer the defendant pleaded that notes had been executed for the premium of the insurance, which were not paid at maturity, and that thereby the policy was avoided.
The cause was tried by the court sitting as a jury, who made a finding of fact and of law in favor of plaintiff; and a judgment was entered accordingly. From this judgment the defendant prosecutes this appeal.
The defendant…
2Cases cited8 opinions
- Miller v. Life InsuranceSupreme Court of the United States · 1871
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- Dwelling House Insurance v. HardieSupreme Court of Kansas · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Leigh Winham, Inc. v. Reynolds Insurance AgencySupreme Court of Arkansas · 1983
- Coughlin v. Reliance Life InsuranceSupreme Court of Minnesota · 1925
- National Fire Insurance v. KightSupreme Court of Arkansas · 1932
- National Union Fire Insurance Company v. HenrySupreme Court of Arkansas · 1930
- Broadaway v. the Home Insurance Co.Supreme Court of Arkansas · 1941
10 more not listed; retrieve them via the Exa API.