Benson v. Firemen's Insurance Co. of New Jersey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fullt, Judge; The policy insured against all loss or damage by fire, and all damages directly traceable to the fire.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fullt, Judge; The policy insured against all loss or damage by fire, and all damages directly traceable to the fire. Compensation should therefore have been made for the damage caused by the rain. 178 Mass. 570; 30 L. B. A. 346; 111 N. W. 400; 100 Minn. 528; 10 L. B. A. (N. S.) 326. It was not the duty of the. insured to restore the property to its condition before the fire, but that of the insurer, and to relieve the company from liability the acts of the insured must be wilful, wanton or fraudulent. 32 N. Y. 405; 39 Kan. 449. The…
1Opinion of the CourtSmith, J.
Appellee, an insurance company,- hereinafter referred to as the company, issued its policy of insurance “against all direct loss or damage by fire,” to the extent of $2,300, on a one-story, shingle roof, frame building, in the city of Little Bock, owned by the appellant Benson. The house was damaged by a fire, which occurred on Monday, September 29, 1919, at two o ’clock in the afternoon. Benson notified the agent who had written the policy on the afternoon of the fire, and on the following morning he and the agent inspected the property, and the agent advised Benson to have some contractor…
2Cases cited2 opinions
- German-American Insurance v. BrownSupreme Court of Arkansas · 1905
- Beavers v. Security Mutual InsuranceSupreme Court of Arkansas · 1905
3Cited by2 opinions
- American Equitable Assurance Co. of New York v. ShowersSupreme Court of Arkansas · 1938
- Simon v. Girard Fire & Marine InsuranceSupreme Court of Arkansas · 1933