House v. Davis
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; C. W. Smith, Judge; The court’s'instructions 1 and 2 were misleading. Actual receipt of the policy by the insured was not necessary to fix the liability. ■ Where nothing remains to be done by the insurer, the mailing of the policy duly executed to the insured, constitutes delivery. 97 Ark. 229; 65 Ark. 581; 96 N. W. 954; 98 Ark. 388; 19 Cyc. 603. Manual delivery is not essential to render a policy binding. 9 Ky.
Read the full summary
Appeal from Columbia Circuit Court; C. W. Smith, Judge; The court’s'instructions 1 and 2 were misleading. Actual receipt of the policy by the insured was not necessary to fix the liability. ■ Where nothing remains to be done by the insurer, the mailing of the policy duly executed to the insured, constitutes delivery. 97 Ark. 229; 65 Ark. 581; 96 N. W. 954; 98 Ark. 388; 19 Cyc. 603. Manual delivery is not essential to render a policy binding. 9 Ky. Law Rep. 932; 28 Me. 51; 48 Am. Dec. 474; 87 U. S. 560; 64 N. H. 137; 26 N. J. Law 268; 23 Wend. 18; 12 So. 25; 54 N. E. 914; 19 Cyc. 609; 85 Ark.…
1Opinion of the Court
WOOD, J.,
(afjer stating the facts). Under the undisputed evidence the contract of insurance was complete when the company accepted appellee’s application, issued the policy and mailed the same to appellee. When this was done nothing remained for the insurance company to do.
In DuPriest v. American Central Life Ins. Co., 97 Ark. 229, we said: “It is very well settled that where nothing remains to be done by the insurer, the mailing of the policy, duly executed, to the insured constitutes a delivery.”
The authorities generally hold that “Where an application is made for a policy of insurance…
2Cases cited1 opinion
- Dupriest v. American Central Life InsuranceSupreme Court of Arkansas · 1911
3Cited by1 opinion
- Burrel Collins Brokerage Co. v. HinesMissouri Court of Appeals · 1921