Home Fire Insurance v. Wilson
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. The rights of the appellees were forfeited by reason of the building being unoccupied and vacant, and remaining so for from three to five months prior to the time the fire occurred.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. The rights of the appellees were forfeited by reason of the building being unoccupied and vacant, and remaining so for from three to five months prior to the time the fire occurred. The forfeiture became complete when the unoccupied condition of the building extended beyond a period of ten days, as provided for by the terms of the contract itself. 2 Clements, Fire Insurance, 367; 5 So. 768; 42 N. W. 630. 2. There is no merit in the contention that the forfeiture was waived by any act of the agent, Ehea. It is clear both from the…
1Opinion of the CourtSmith, J.
This suit was brought by appellees against appellant to recover $1,000 for the total destruction by fire of a dwelling house in the town of McNeil, Ark., on the night of the 28th of January, 1912, which the appellant, by its contract, agreed to pay appellees upon the destruction by fire of this building.
The appellant denied liability under this contract for the reason that the house was vacant at the time it was destroyed by fire, and had remained so for more than ten days prior to its destruction, in violation of the terms of said contract of insurance. The appellees admit that the house was…
2Cases cited4 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Capital Fire Insurance v. ShearwoodSupreme Court of Arkansas · 1908
- Hartford Fire Insurance v. WebsterIllinois Supreme Court · 1873
3Cited by12 opinions
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- Hartford Fire Ins. Co. v. AaronSupreme Court of Alabama · 1933
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Taylor v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Eighth Circuit · 1943
- Tutton v. Liverpool London Globe Ins. Co.Supreme Court of Alabama · 1939
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