Southern Insurance v. Hastings
Supreme Court of Arkansas
Appeal from Conway Circuit Court. Jeremiah G. Wallace, Judge. Defendant should have been allowed to amend its pleadings to conform to the proof.
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Appeal from Conway Circuit Court. Jeremiah G. Wallace, Judge. Defendant should have been allowed to amend its pleadings to conform to the proof. Sand & H. Dig., § 5769; 58 Ark. 504; 42 id. 57. The court erred in declaring the law as to the effect of false answers to questions contained in the application, to the effect that if applicant answers correctly, but the agent writes the answers incorrectly, the company is precluded to set up the incorrectness of the answer to defeat the policy. 2 Biddle, Ins. §§ 1053, 1063; 52 Ark. 10; 53 id. 215; 58 id. 280; 92 N. Y. 274, 282, 283, 284. The…
1Opinion of the CourtWood, J.
This suit is to recover upon a policy of fire insurance. -The answer presented two defenses: “(1) In the application for insurance the insured answered falsely that the property was unincumbered. (2) That the property was destroyed with the knowledge and consent óf the assured, in order to collect the insurance money.” The property insured was a gin house, various articles of machinery, cotton and cotton seed. The total amount covered by the policy was $2,000. The policy was issued on the 1st day of October, 1893, and the property was destroyed by fire October 17, 1893.
The application for…
2Cases cited5 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Burke v. SnellSupreme Court of Arkansas · 1883
- Hanks v. HarrisSupreme Court of Arkansas · 1874
3Cited by13 opinions
- Edwards v. JeffersSupreme Court of Arkansas · 1942
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Baker v. KaiserCourt of Appeals for the Eighth Circuit · 1903
- Dickerson v. HambySupreme Court of Arkansas · 1910
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