Connecticut Fire Insurance v. Wigginton
Supreme Court of Arkansas
Appeal from Poinsett Chancery Court; Archer Wheatley„ Chancellor; It was error to decree a reformation of the policy. A mutual mistake is not proven by that clear, decisive and convincing evidence required by courts of chancery.
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Appeal from Poinsett Chancery Court; Archer Wheatley„ Chancellor; It was error to decree a reformation of the policy. A mutual mistake is not proven by that clear, decisive and convincing evidence required by courts of chancery. It is not proven that it was intended to attach the “standard mortgage clause” instead of the loss payable clause. 6 L. R. A. 200; 97 U. S. 624; 73 Wis. 203; 61 L. R. A. 137; 38 S. W. 214; 2 Clements, Fire Ins. 600; 82 Ark. 226, 234; 91 Id. 171; 71 Id. 614; 111 Id. 205; 108 Id. 103; 105 Id. 455; 85 Id. 62; 151 U. S. 452, etc. The testimony is clear and convincing of a…
1Opinion of the CourtHumphreys, J.
Appellees instituted suit in the Poinsett Chancery Court to reform a policy of insurance issued by appellant to J. E. Wigginton on the 4th day of February, 1913, securing him and his mortgagee, the Marked Tree Bank & Trust Company, against loss which might be occasioned by fire to a two-story frame dwelling situated on lot 1, block 3, Fitter’s Third Addition to the town of Marked Tree, Arkansas; ánd to recover the amount of the policy. It was alleged that through mistake a loss payable clause, in favor of the Marked Tree Bank & Trust Company, was attached to the policy as a part thereof,…
2Cases cited4 opinions
- Parker v. CarterSupreme Court of Arkansas · 1909
- Remmel v. GriffinSupreme Court of Arkansas · 1907
- Eureka Stone Co. v. RoachSupreme Court of Arkansas · 1915
- Hoffman v. Rice-Stix Dry Goods Co.Supreme Court of Arkansas · 1914
3Cited by12 opinions
- Overholt Et Ux. v. Reliance Ins. Co.Supreme Court of Pennsylvania · 1935
- Ohio Casualty Ins. v. CallawayCourt of Appeals for the Tenth Circuit · 1943
- American Alliance Insurance v. PaulSupreme Court of Arkansas · 1927
- Commercial Casualty Ins. Co. v. ConnelleeSupreme Court of Oklahoma · 1932
- Inter-Southern Life Insurance v. HolzhauerSupreme Court of Arkansas · 1928
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