Walker v. Illinois Bankers' Life Ass'n
Supreme Court of Arkansas
Appeal from Yell Chancery Court, Dardanelle District; Jordan Sellers, Chancellor; 1. The proof clearly establishes that Barger knew nothing as to the company’s limitation as to his age; that he made true answers to all questions asked him by the agent of the company, who took his application and wrote his answers; that said agent knew of the limitation as to age and knowingly misstated his age in the application, and said agent never at any time advised the insured as to the…
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Appeal from Yell Chancery Court, Dardanelle District; Jordan Sellers, Chancellor; 1. The proof clearly establishes that Barger knew nothing as to the company’s limitation as to his age; that he made true answers to all questions asked him by the agent of the company, who took his application and wrote his answers; that said agent knew of the limitation as to age and knowingly misstated his age in the application, and said agent never at any time advised the insured as to the misstatement as to his age, and insured never learned of the same; that the insured made true answers to the medical…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee is a foreign life insurance company, and on March 2,1916, issued and delivered a policy in the sum of $2,000 on the life of John C. Barger of Yell County. The policy contained the following stipulation:
“In the event of misstatement of age the amount payable on this policy shall be such as the premiums would have purchased at the correct age, except where the true age was beyond the age limit at which insurance would have been granted by the association; in which the liability of the association shall not exceed the sum actually paid the association with 4 per cent, interest thereon.”
T…
2Cases cited3 opinions
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Mutual Reserve Fund Life Ass'n v. CotterSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Southern National Insurance Co. v. HeggieSupreme Court of Arkansas · 1943
- American National Insurance v. HaleSupreme Court of Arkansas · 1927
- Home Mutual Benefit Ass'n v. MayfieldSupreme Court of Arkansas · 1920
- Union Life Insurance v. EvansSupreme Court of Arkansas · 1937
- Smith v. National Life & Accident Co.Supreme Court of Arkansas · 1931