Loyal Protective Insurance v. Walker
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court; Turner Butler, Judge; 1. Appellee failed to pay tbe premium and bis policy lapsed. He had notice. He was reinstated subject to all the conditions contained in the new contract.
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Appeal from Cleveland Circuit Court; Turner Butler, Judge; 1. Appellee failed to pay tbe premium and bis policy lapsed. He had notice. He was reinstated subject to all the conditions contained in the new contract. His sickness existed, within thirty days from the reinstatement of the policy, and it was error to refuse instruction No. 1, asked by appellant. 122 Ark. 219; 64 S. E. 180; 112 Pae. 1106; 166 S. W. 17; 98 Ark. 421; 74 Id. 507; 75 Id. 25. 2. The court erred in giving instruction No. 1 asked by appellee. There was no evidence to justify the court in submitting the question of waiver…
1Opinion of the CourtSmith, J.
This suit was brought by appellee to recover certain sick benefits under a policy of insurance issued to him by the appellant company.
In defense of this suit it is said that the policy had lapsed by reason of the nonpayment of the quarterly dues, and that while the policy had been reinstated, the period of illness here sought to be compensated existed within thirty days of the reinstatement, a condition against any liability for which the policy had provided.
Appellee insists that he had the right to recover as a reinstated policy holder; but he also says that his policy had never lapsed. Of…
2Cases cited4 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Insurance Co. v. HydeTennessee Supreme Court · 1898
- District Grand Lodge No. 11 v. PrattSupreme Court of Arkansas · 1910
- Haynes v. Masonic Benefit Ass'nSupreme Court of Arkansas · 1911
3Cited by1 opinion
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932