Legal Opinion

Carland v. General Accident, Fire & Life Assurance Corp.

Supreme Court of Arkansas

Decided March 6, 1916PublishedCited by 4 opinions

Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. This suit was brought by the administratrix of the estate of J. W. Carland, deceased, to recover $192, the benefit provided in the policy of health and accident insurance issued to her intestate.

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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. This suit was brought by the administratrix of the estate of J. W. Carland, deceased, to recover $192, the benefit provided in the policy of health and accident insurance issued to her intestate. It was alleged in the complaint that J. W. Carland, entered into a contract with appellee company on the 1st day of May, 1914, whereby it agreed and undertook to insure him against accident and illness in the sum of $60 per month, for a period not exceeding 24 consecutive months of total disability resulting…

1Opinion of the CourtKirby, J.

(after stating the facts.) The testimony is undisputed that the policy was issued on the first day of May, 1914, insuring the' deceased, J. W. Carland, against disability due either to accident or illness under classification “E,” which provides for the payment of the specified sum per month for total disability “by reason of illness that is contracted and begins after this policy has been maintained in continuous force for 60 days.”

Neither is there any dispute of the fact that the deceased was taken with the illness on the 14th of May, which was continuous and from which he died. This was…

2Cases cited1 opinion

  1. American National Insurance v. OtisSupreme Court of Arkansas · 1916

3Cited by4 opinions

  1. Interstate Business Men's Accident Ass'n v. NicholsSupreme Court of Arkansas · 1920
  2. American National Insurance v. HaleSupreme Court of Arkansas · 1927
  3. Bank Sav. Life Ins. Co. v. MilanCourt of Appeals of Texas · 1933
  4. Bank Sav. Life Ins. Co. v. MilanCourt of Appeals of Texas · 1933

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