Home Fire Insurance v. Wilson
Supreme Court of Arkansas
Appeal from Columbia -Circuit Court; G. W. Smith, Judge; 1. The vacancy of the building .avoided the policy ipso facto. 109 Ark. 324; 2 Clements on Fire Insurance, 367; 5 So. 768; 42 N. W. 630; 65 Kara. 373; 69 Pac. 345; 69 ,S. W. 42; 27 Id. 122. 2. The local agent had no authority to waive an express provision of the policy. 19 Cyc. 782; 22 Pac. 1010; 7 N. Y. Supp. 589. 3. Appellees were bound by the limitations upon the agent’s authority -as stipulated in the policy. 2…
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Appeal from Columbia -Circuit Court; G. W. Smith, Judge; 1. The vacancy of the building .avoided the policy ipso facto. 109 Ark. 324; 2 Clements on Fire Insurance, 367; 5 So. 768; 42 N. W. 630; 65 Kara. 373; 69 Pac. 345; 69 ,S. W. 42; 27 Id. 122. 2. The local agent had no authority to waive an express provision of the policy. 19 Cyc. 782; 22 Pac. 1010; 7 N. Y. Supp. 589. 3. Appellees were bound by the limitations upon the agent’s authority -as stipulated in the policy. 2 Clements on Fire Ins., p. 487; 133 N. Y. 356; Ostrander on Fixe Ins., p. 192, § 56; 70 Wise. 1; 35 N. W. 34; 54 Ark. 75; 26…
1Opinion of the CourtSmith, J.
This is the second appeal of this case. For opinion on the former appeal see Home Fire Ins. Co. v. Wilson, 109 Ark. 324.
As appears from the statement of facts in the opinion on the former appeal, appellees bought a house and lot upon which there was at the tilme an outstanding policy of insurance in favor of their vendor, but by and with the consent of one John Rhea, who was appellant’s agent at McNeill, Arkansas, the policy was transferred to appellees. It further appears that appellant’s agent was also a rental agent, 'and that the house in question was listed with this agent for rent. Upon…
2Cases cited7 opinions
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- German-American Insurance v. HarperSupreme Court of Arkansas · 1905
- Home Fire Insurance v. WilsonSupreme Court of Arkansas · 1913
- Arkansas Mutual Fire Insurance v. ClaiborneSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Washington County Farmers Mutual Fire Insurance v. ReedSupreme Court of Arkansas · 1951
- Camden Fire Ins. Ass'n v. YarboroughCourt of Appeals of Texas · 1921
- Travelers Insurance v. SindleDistrict Court, W.D. Arkansas · 1960
- Westchester Fire Insurance v. SmithSupreme Court of Arkansas · 1917
- Camden Fire Insurance v. GrubbsSupreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.