Atlas Fire Insurance v. Malone
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; Under the deed appellee had neither the sole legal nor the equitable title to property, and his concealment of the condition of the title invalidates the policy. The provision of the policy that it shall be void if'the interest of the insured is other than sole ownership, etc., applies to conditions existing at the date of the policy and not to future changes in title. 97 Minn. 98; 165 Pa.
Read the full summary
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; Under the deed appellee had neither the sole legal nor the equitable title to property, and his concealment of the condition of the title invalidates the policy. The provision of the policy that it shall be void if'the interest of the insured is other than sole ownership, etc., applies to conditions existing at the date of the policy and not to future changes in title. 97 Minn. 98; 165 Pa. St. 298 ; 82 Miss. 674. The stipulation that the grantors would procure for appellee the interest of the minor in the land when she should arrive at…
1Opinion of the CourtKirby, J.
This action was brought by appellee against the Fire Insurance Company upon a policy issued to him by it on March 14, 1910, upon a store building and certain fixtures therein for $500, the amount of the policy, a loss having occurred during the life of it and proof of loss being duly made under its terms. Appellant objected to the payment of the loss, claiming that the policy was void because the title of appellee to the property was other than unconditional and sole ownership, both legal and equitable.
The policy provided: “This entire policy shall be void if the insured has concealed or…
2Cases cited4 opinions
- Morris v. Imperial Insurance Co. Ltd. of LondonSupreme Court of Georgia · 1899
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- Gladfelter v. WalkerCourt of Appeals of Maryland · 1874
- Lewis v. New England Fire InsuranceUnited States Circuit Court · 1886
3Cited by6 opinions
- Gunn v. Palatine Ins. Co., Ltd., of LondonSupreme Court of Alabama · 1927
- Crider v. SimmonsSupreme Court of Arkansas · 1936
- Globe Rutgers Fire Ins. Co. v. CreekmoreSupreme Court of Oklahoma · 1917
- Wilson v. Fireman's Fund Ins. Co.Court of Appeals of Texas · 1925
- Monongahela Insurance v. BatsonSupreme Court of Arkansas · 1914
1 more not listed; retrieve them via the Exa API.