Franklin Life Insurance v. Burgess

245 S.W.2d 210 (1952)

FRANKLIN LIFE INS. CO.

v.

BURGESS.

No. 4-9654.

Supreme Court of Arkansas.

January 14, 1952.

Surrey E. Gilliam and Melvin E. Mayfield, El Dorado, for appellant.

Mahony & Yocum, El Dorado, for appellee.

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 percent penalty and attorneys' fees.

The policy was issued in 1946 pursuant to an application stating appellee's occupation as "Mgr.…