Franklin Life Insurance v. Burgess

Minor W. Millwee, Justice.

Appellee, John P. Burgess, recovered a verdict and judgment against appellant, Franklin Life Insurance Company, in the sum of $1,100 for eleven months total disability under a health and accident insurance policy, together with twelve per cent penalty and attorneys’ fees.

The policy was issued in 1946 pursuant to an application stating appellee’s occupation as “Mgr. Burgess & Son Dry Goods and Groceries” and his exact duties as “Managerial & Clerical”. At that time appellee was a clerk in the Burgess store at Strong, Arkansas. The store handled groceries, dry goods,…