Smith v. American National Insurance
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is a suit by appellant, who was plaintiff below, on an accident policy issued by appellee on the life of Georgia Smith, wife of appellant. The policy was one of limited liability, paying a benefit for injuries arising solely from certain specified causes, one of which was being kicked by a horse.
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Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is a suit by appellant, who was plaintiff below, on an accident policy issued by appellee on the life of Georgia Smith, wife of appellant. The policy was one of limited liability, paying a benefit for injuries arising solely from certain specified causes, one of which was being kicked by a horse. The policies were issued by one T. J. Redwine, a merchant, who furnished his customers with a trading card, and, according to this card, when $5 was traded out the holder became entitled to an accident insurance…
1Opinion of the Court
Smith, J.,
(after stating the facts). It is urged that the instruction set out is erroneous and should not have been given because the letter herein set out from the claim adjuster denied liability because the death did not result from an accident covered by the terms of the policy. But it will be observed that this letter was written some days after the expiration of the time limited for giving notice of death, and no statement contained in this letter gives any intimation of an intention to waive that defense, nor was appellant called upon to do any act, nor to incur any expense nor to be at…
2Cases cited7 opinions
- Fidelity & Casualty Co. of New York v. SandersIndiana Court of Appeals · 1904
- Aetna Life Insurance v. FitzgeraldIndiana Supreme Court · 1905
- Hart v. Fraternal AllianceWisconsin Supreme Court · 1901
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Employer's Liability Assurance Corp. v. RochelleCourt of Appeals of Texas · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Illinois Bankers' Life Association v. ByasseeSupreme Court of Arkansas · 1925
- Gene Kimbrell, D/B/A Gene Kimbrell's Body Shop, Inc. v. Union Standard Insurance CompanyCourt of Appeals for the Eighth Circuit · 2000
- Cook v. U. S. Fidelity & Guaranty Co.Supreme Court of Arkansas · 1950
- Fairgrave v. Illinois Bankers Life Assn.Supreme Court of Iowa · 1930
- Prudential Ins. Co. of America v. FallsTennessee Supreme Court · 1935
7 more not listed; retrieve them via the Exa API.