Interstate Business Men's Accident Ass'n v. Nichols
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. Parties have the right to make their own contract and this court will not make one for them, but only enforce the contract as made by the parties. 92 Ark. 283; 65 Id. 295. The insured is bound by the contract as written. 122 Id. 219-223. 2. The policy was not in force for any purpose until actually issued and only takes effect from the date of its issue. 122 Ark. 179. An agent has no power to change the conditions in…
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. Parties have the right to make their own contract and this court will not make one for them, but only enforce the contract as made by the parties. 92 Ark. 283; 65 Id. 295. The insured is bound by the contract as written. 122 Id. 219-223. 2. The policy was not in force for any purpose until actually issued and only takes effect from the date of its issue. 122 Ark. 179. An agent has no power to change the conditions in contracts or waive forfeitures. The agent here was only a soliciting agent without power to change conditions or waive…
1Opinion of the CourtWood, J.
This is an action brought by the appellee against the appellants on an accident and health policy.
The appellee alleged that on December 4, 1918, in consideration of the payment of $9 and the execution of his application, the appellant association, by its duly authorized agent, accepted appellee’s application for a policy of accident and sick benefit insurance, and represented that it would be issued and effective from and after said date; that through negligence and fraudulent intent upon the part of the appellants the policy was not issued and delivered to appellee until December 23, 1918;…
2Cases cited5 opinions
- National Union Fire Insurance v. School District No. 55Supreme Court of Arkansas · 1916
- American National Insurance v. OtisSupreme Court of Arkansas · 1916
- Maryland Casualty Co. v. ChewSupreme Court of Arkansas · 1909
- Standard Life & Accident Insurance v. WardSupreme Court of Arkansas · 1898
- Carland v. General Accident, Fire & Life Assurance Corp.Supreme Court of Arkansas · 1916
3Cited by22 opinions
- August Prange & Bankers Trust Co. v. International Life InsuranceSupreme Court of Missouri · 1932
- Zayc v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1940
- American Life Insurance v. NaborsTexas Supreme Court · 1934
- Strand v. Bankers Life InsuranceNebraska Supreme Court · 1927
- American Life Ins. Co. v. NaborsTexas Commission of Appeals · 1934
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