Maloney v. Maryland Casualty Co.
Supreme Court of Arkansas
Appeal from Drew Circuit Court; James R. Gotham, Special Judge; STATEMENT BY THE COURT. Mrs. Jennie Maloney instituted this action against the Maryland Casualty Company to recover upon a policy of accident insurance in which she was named as the beneficiary. The facts are as follows: The policy was issued to Edward S. Maloney, the husband of Jennie Maloney, on the 12th day of January, 1912, for a period of three months.
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Appeal from Drew Circuit Court; James R. Gotham, Special Judge; STATEMENT BY THE COURT. Mrs. Jennie Maloney instituted this action against the Maryland Casualty Company to recover upon a policy of accident insurance in which she was named as the beneficiary. The facts are as follows: The policy was issued to Edward S. Maloney, the husband of Jennie Maloney, on the 12th day of January, 1912, for a period of three months. Before the policy expired, it was renewed for an additional period of three months. The policy insured Edward S. Maloney against bodily injuries, effected independently and…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for defendant contend that the judgment must be affirmed, regardless of the fact of whether the court committed error in instructing the jury. They base their contention upon the ground that the notice of accident, as provided by the terms of the policy, is a condition precedent to recover, and that notice was not given within a reasonable time after the accident happened; but we can not agree with them in this contention. It is true the accident happened on the 23d day of April, 1912, and that the insured remained conscious until the date of his…
2Cases cited5 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Travelers' Ins. Co. of Hartford v. NaxCourt of Appeals for the Third Circuit · 1905
- Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914
3Cited by34 opinions
- Travelers' Protective Assoc. of America v. StephensSupreme Court of Arkansas · 1932
- General Accident, Fire & Life Assurance Corp. v. HymesSupreme Court of Oklahoma · 1919
- Silverball Amusement, Inc. v. Utah Home Fire InsuranceDistrict Court, W.D. Arkansas · 1994
- Aetna Life Insurance v. LittleSupreme Court of Arkansas · 1920
- Montgomery v. First National Bank of NewportSupreme Court of Arkansas · 1969
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