Business Men's Accident Ass'n of America v. Cowden
Supreme Court of Arkansas
Appeal from Marion Circuit Court; John I. Worthington; reversed as to the attorney fee; 1. No proof of loss, showing liability was furnished. 190 Mass. 171, 448; 202 Id. 290; 95 U. S. 232; 89 Id. 32; 204 Fed. 653. 2. The unexplained statements of the coroner and friends and neighbors of deceased, in the absence of explanation by plaintiff make a prima facie case for defendant, and imposed on plaintiff the burden of proving that deceased was not murdered, but that his death…
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Appeal from Marion Circuit Court; John I. Worthington; reversed as to the attorney fee; 1. No proof of loss, showing liability was furnished. 190 Mass. 171, 448; 202 Id. 290; 95 U. S. 232; 89 Id. 32; 204 Fed. 653. 2. The unexplained statements of the coroner and friends and neighbors of deceased, in the absence of explanation by plaintiff make a prima facie case for defendant, and imposed on plaintiff the burden of proving that deceased was not murdered, but that his death was the result of accident. 89 TJ. S. 32; 150 N.- C. 1; 190.Mo. App. 57; 176 S. W. 253. No accidental death was proven.…
1Opinion of the CourtMcCULLOCH, C. J.
William L. Cowden, a resident of the State of Kansas, secured a policy of accident insurance upon his own life, payable to his wife, Florence L. Cowden, from the defendant, Business Men’s Accident Association of America, an insurance corporation domiciled at Kansas City, Missouri. Cowden met his death on or about September 27, 1913, while the insurance policy was in force. His body was found in the Missouri River at Kansas City on October 1,1913, and due notice of death was given by the beneficiary in accordance with the terms of the policy. Proof of loss was made and furnished on blanks…
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