Knights of Maccabees v. Anderson
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Frank Smith, Judge; 1. The warranty- — -“Have you at any time used alcholics to excess?” Answer, “No” — properly construed, means not a habitual excessive use of intoxicants, as held by the trial • court, but refers to a single excessive use of intoxicants, if shown, as well.
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Appeal from Cross Circuit Court; Frank Smith, Judge; 1. The warranty- — -“Have you at any time used alcholics to excess?” Answer, “No” — properly construed, means not a habitual excessive use of intoxicants, as held by the trial • court, but refers to a single excessive use of intoxicants, if shown, as well. Where an insured puts himself within the exception, there can be no recovery. 15 L. R. A. (N. S.) 206; 112 La. 574, 66 L. R. A. 322. If Anderson had in some instances use alcoholics to excess, as the evidence shows he did, it was his duty to disclose this fact to the insurer. 47 S. W. 64;…
1Opinion of the CourtFrauenthal, J.
This is an action instituted upon a certificate or policy of insurance issued upon the life of Elijah Anderson, and in which his wife, the appellee, is made the beneficiary. The appellant resisted recovery upon the alleged grounds, (1) that the assured had, in his application for insurance, made false statements, the truth of which he had warranted, thereby avoiding the policy; and (2) that by'the laws of the association it was exempted from liability, (a) because the insured was addicted to the intemperate use of intoxicating liquors and was under the influence thereof at the time of his…
2Cases cited8 opinions
- Metropolitan Life Insurance Company v. ShaneSupreme Court of Arkansas · 1911
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- Insurance Company v. FoleySupreme Court of the United States · 1882
- Home Fire Insurance v. StancellSupreme Court of Arkansas · 1910
- Supreme Council American Legion of Honor v. StoryTexas Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Woodmen of the World Life Insurance Society v. ReeseSupreme Court of Arkansas · 1943
- Railway Mail Ass'n v. ChamberlinCourt of Appeals for the Eighth Circuit · 1945
- United Assurance Ass'n v. FrederickSupreme Court of Arkansas · 1917
- Business Men's Accident Ass'n of America v. CowdenSupreme Court of Arkansas · 1917
- Phillips v. Mosaic Templars of AmericaSupreme Court of Arkansas · 1922
4 more not listed; retrieve them via the Exa API.