Legal Opinion

National Union Fire Insurance v. Crabtree

Supreme Court of Arkansas

Decided February 6, 1922PublishedCited by 11 opinions

Appeal from Miller Circuit Court; George B. Ha/ynie, Judge; The court erred in assessing damages and attorney’s fees. Sec. 6155, C. & M. Digest; 94 Ark. 578. ' Failure to make proof of loss was not waived by the company. 67 Ark. 584; 13 Ency.

Read the full summary

Appeal from Miller Circuit Court; George B. Ha/ynie, Judge; The court erred in assessing damages and attorney’s fees. Sec. 6155, C. & M. Digest; 94 Ark. 578. ' Failure to make proof of loss was not waived by the company. 67 Ark. 584; 13 Ency. Ev. 1020; 29 Ency. ,Ev. 1105. There was no error in allowing attorney’s fees and assessing damages. 94 Ark. 578; 86 Ark. 115. Failure of defendant to preserve its exceptions to instructions in the motion for new trial waived its right to complain of the court’s ruling. 131 Ark. 404. The evidence was sufficient to show the agent’s authority. 122 Ark. 357;…

1Opinion of the CourtMcCulloch, C. J.

Appellant is a foreign corporation engaged in the insurance business, and issued to "WAR. Crabtree, one of the appellees, its policy insuring in the sum of $900 against loss ¡by theft of his automobile. The automobile was stolen a few months after the issuance of the policy and was never recovered. The policy was issued by a local agency having express authority from appellant to solicit and receive applications, sign and deliver policies and collect premiums. Immediately after the theft occurred, Crabtree notified the local agents in accordance with the terms of the policy, which provided…

2Cases cited7 opinions

  1. Citizens' Fire Insurance v. LordSupreme Court of Arkansas · 1911
  2. Home Fire Insurance v. StancellSupreme Court of Arkansas · 1910
  3. Three States Lumber Co. v. MooreSupreme Court of Arkansas · 1918
  4. Burlington Insurance v. KennerlySupreme Court of Arkansas · 1895
  5. Concordia Fire Insurance v. MitchellSupreme Court of Arkansas · 1916

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. National Fire Insurance v. KightSupreme Court of Arkansas · 1932
  2. Mechanics' Insurance v. Inter-Southern Life InsuranceSupreme Court of Arkansas · 1931
  3. Broadaway v. the Home Insurance Co.Supreme Court of Arkansas · 1941
  4. National Union Fire Insurance v. WrightSupreme Court of Arkansas · 1924
  5. London Lancashire Ins. Co., Ltd. v. PayneSupreme Court of Arkansas · 1929

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API