American Life & Accident Ass'n v. Walton
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. There is no liability. The statements in the application were false. They were warranties and material and binding upon him. The application was a part of the policy and there was a breach of the warranties. His answers were untrue. 146 S. W. 125-8; 84 Ark. 59; 58 Id: 528; 132 N. W. 1067; Ann.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. There is no liability. The statements in the application were false. They were warranties and material and binding upon him. The application was a part of the policy and there was a breach of the warranties. His answers were untrue. 146 S. W. 125-8; 84 Ark. 59; 58 Id: 528; 132 N. W. 1067; Ann. Cas. 1913 A. 847-9; 82 Ark. 400; 148 S. W. 526; 74 Ark. 1; 72 Id. 620; 81 Id. 202-6; 65 Id. 581-8; 11. 295; 122 Id. 58; 120 Id. 605. 2. He was not totally disabled, nor was the injury immediate disability. 3. The verdict is…
1Opinion of the CourtSmith, J.
The American Life & Accident Insurance Company, hereinafter referred to as the company, issued an accident indemnity policy on September 15th, 1915, to E. N. Walton, hereinafter referred to as the plaintiff. On October 10th, 1915, plaintiff was returning from a boat landing on the Mississippi River to his home in Arkansas City, and., in order to cross a railroad track, which, ran parallel to the levee upon which plaintiff was walking at the time, he jumped from the levee on to a stationary flat car loaded with logs, a distance of four or five feet, hut on account of the wet and slippery…
2Cases cited18 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- Continental Casualty Co. v. OgburnSupreme Court of Alabama · 1911
- Maloney v. Maryland Casualty Co.Supreme Court of Arkansas · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Travelers' Protective Assoc. of America v. StephensSupreme Court of Arkansas · 1932
- Mid-Continent Life Ins. Co. v. HouseSupreme Court of Oklahoma · 1932
- Mutual Benefit Health & Accident Ass'n v. BirdSupreme Court of Arkansas · 1932
- United States Fidelity & Guaranty Co. v. MaxwellSupreme Court of Arkansas · 1922
- Brotherhood of Railroad Trainmen v. LongSupreme Court of Arkansas · 1932
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