State Mutual Insurance v. Latourette
Supreme Court of Arkansas
Appeal from Craighead Circuit Court. Felix G. Taylor, Judge. statement by the court. The appellant brought suit to recover for loss by fire to certain property in Jonesboro, Ark., in the sum of $500. To this complaint the defendant filed the following answer in substance: It admits the execution and delivery of the said policy of insurance and the loss of the buildings by fire; but denies any and all liability thereon, because the said plaintiff made an application to…
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Appeal from Craighead Circuit Court. Felix G. Taylor, Judge. statement by the court. The appellant brought suit to recover for loss by fire to certain property in Jonesboro, Ark., in the sum of $500. To this complaint the defendant filed the following answer in substance: It admits the execution and delivery of the said policy of insurance and the loss of the buildings by fire; but denies any and all liability thereon, because the said plaintiff made an application to defendant to insure the above described property, in which said application were the following questions and their answers by…
1Opinion of the Court
Hughes, J.,
(after stating the facts). It is contended by the appellant that the husband has no insurable interest in his wife’s property, and that L. Latourette had none in Mrs. Latourette’s property in this ease. But this question was not raised in the pleadings below in this ease, nor in the instructions asked, and it would therefore not be proper for us to -undertake to decide that question here on this appeal.
The only question here is one of waiver. When the agent was informed by L. Latourette before delivery of the policy that the title to the property was in Mrs. Latourette, and in…
Also in this document: Dissent.
2Cases cited2 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
3Cited by15 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Fidelity Mutual Life Insurance v. BussellSupreme Court of Arkansas · 1905
- Capital Fire Insurance v. MontgomerySupreme Court of Arkansas · 1907
- Newton v. RussianSupreme Court of Arkansas · 1905
- Western Union Telegraph Co. v. FreemanSupreme Court of Arkansas · 1915
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