Missouri State Life Insurance v. Fry
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; W. J. Driver, Judge; 1. The policy lapsed on March 2, 1916. Deceased had borrowed its entire loan value in September, 1915. 2. Premium notes for entire amount could not be accepted. 3. There was no automatically continued term insurance. 4. The policy was not continued in force by its paragraphs styled “Cash Loans” and “Table of Loan Values.” The insured was in default. 62 Oh.
Read the full summary
Appeal from Clay Circuit Court, Eastern District; W. J. Driver, Judge; 1. The policy lapsed on March 2, 1916. Deceased had borrowed its entire loan value in September, 1915. 2. Premium notes for entire amount could not be accepted. 3. There was no automatically continued term insurance. 4. The policy was not continued in force by its paragraphs styled “Cash Loans” and “Table of Loan Values.” The insured was in default. 62 Oh. St. 385. See also, 122 Ark. 223. 5. The case in 125 Ark. 372 is not analogous. The policy was abandoned. 109 Ark. 17; 96 Fed. 796; 4 L. R. A. (N. S.) 870; 178 U. S. 345.…
1Opinion of the CourtHumphreys, J.
— Appellee instituted suit in the Eastern District of Clay County against appellant, seeking to recover $1,000, 20 per cent, penalty and a reasonable attorney’s fee on a life insurance policy issued by appellant to her husband, R. M. Fry, on the 12th day of April, 1909, in which she was named as beneficiary. Appellant denied liability under tbe terms of tbe policy. Tbe cause was tried by the court sitting as a jury upon tbe pleadings and an agreed statement of facts. Appellee recovered judgment for $1,000 and interest, less $104 and interest for money loaned by appellant to her husband on tbe…
2Cited by4 opinions
- Bronson v. Northwestern Mutual Life InsuranceIndiana Court of Appeals · 1921
- Schoonover v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1932
- Missouri State Life Insurance v. MillerSupreme Court of Arkansas · 1924
- General American Life Ins. Co. v. BrownSupreme Court of Oklahoma · 1936