Capital Fire Insurance v. Shearwood
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; Prank Smith, Judge; STATEMENT BY THE COURT. ' This is a suit on a policy of fire insurance. The policy was for $1,000 on a certain barn and its contents. The premium was paid when the policy was issued.
Read the full summary
Appeal from Clay Circuit Court, Western District; Prank Smith, Judge; STATEMENT BY THE COURT. ' This is a suit on a policy of fire insurance. The policy was for $1,000 on a certain barn and its contents. The premium was paid when the policy was issued. The policy contained this provision : “If the buildings be on land which now is or shall become incumbered by mortgage or otherwise, or shall become any other or less than a perfect legal and equitable title and ownership, free from all liens whatéver, ******* this policy shall be absolutely null and void.” The defense was that the plaintiff,…
1Opinion of the Court
Wood, J.,
(after stating the facts). Where a fire insurance policy is issued, and the premium is paid, and afterwards the assured violates the provisions _of the policy against incumbrances, which creates a forfeiture, the insurer, having no knowledge of the forfeiture until after the loss occurs, does not waive same by merely failing to return the premium before suit is brought to recover the amount of the policy; nor is it precluded by such failure from setting up the forfeiture in defense of 'the suit. Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc., 146 Fed.…
2Cases cited8 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Georgia Home Ins. Co. v. RosenfieldCourt of Appeals for the Sixth Circuit · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fort Smith Tobacco & Candy Co. v. American Guarantee & Liability InsuranceDistrict Court, W.D. Arkansas · 1962
- Commercial Standard Ins. v. RobertsonCourt of Appeals for the Sixth Circuit · 1947
- Patterson v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1914
- Home Fire Insurance v. WilsonSupreme Court of Arkansas · 1913
- Taylor v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Eighth Circuit · 1943
6 more not listed; retrieve them via the Exa API.