Citizens' Fire Insurance v. Lord
Supreme Court of Arkansas
Appeal from Union Circuit Court; G. W. Hays, Judge; STATEMENT BY THE COURT. This suit was instituted by appellee against appellant to recover on a fire insurance policy. The appellee alleged the issuance of the policy, the payment of the premium, and the loss by fire on the 1st day of January, 1909, while the policy was in force. He alleged that he had no other insurance on the merchandise and household goods insured by the policy.
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Appeal from Union Circuit Court; G. W. Hays, Judge; STATEMENT BY THE COURT. This suit was instituted by appellee against appellant to recover on a fire insurance policy. The appellee alleged the issuance of the policy, the payment of the premium, and the loss by fire on the 1st day of January, 1909, while the policy was in force. He alleged that he had no other insurance on the merchandise and household goods insured by the policy. He alleged that after the loss he gave to appellant notice thereof on the 27th day of February, 1909, by delivering to appellant an account of said loss signed by…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The appellant contends that the court erred in permitting appellee to amend his complaint after the evidence was adduced so as to allege a waiver of the proof of loss.
The court did not err in allowing the amendment. The appellee had, without objection on the part of appellant, introduced evidence tending to show a waiver on the part of appellant of the proof of loss, and appellant introduced evidence in rebuttal.
The amendment did not change the issue, and, even if it had, it was within the discretion of the court to permit it, since the parties had…
2Cases cited12 opinions
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Phenix Insurance v. MungerSupreme Court of Kansas · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stacy v. StacySupreme Court of Arkansas · 1927
- National Union Fire Insurance v. WrightSupreme Court of Arkansas · 1924
- Concordia Fire Insurance v. MitchellSupreme Court of Arkansas · 1916
- National Union Fire Insurance v. CrabtreeSupreme Court of Arkansas · 1922
- Liverpool & London & Globe Ins. v. PaytonSupreme Court of Arkansas · 1917
10 more not listed; retrieve them via the Exa API.