Legal Opinion · Dissent

Woodmen of World Life Insurance Society v. Counts

Supreme Court of Arkansas

Decided November 3, 1952No. 4-9869Published

1DissentWard, J.

I can not agree with the majority opinion herein for the reasons set out below.

Eegardless of what view one may take of the case, I take it that appellees can win only on the ground of estoppel. Briefly, the facts that must be relied upon to constitute estoppel are as follows: The son [through his father] applied for a $1,000 insurance policy with double indemnity; appellant’s president sent out a form letter to the father stating the application had been approved, saying nothing about double indemnity; the form letter stated that the policy [certificate] would follow; the certificate did…

2Cases cited5 opinions

  1. Peoples National Bank v. Linebarger Construction Co.Supreme Court of Arkansas · 1951
  2. Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
  3. Nakdimen v. BakerCourt of Appeals for the Eighth Circuit · 1940
  4. Gambill v. WilsonSupreme Court of Arkansas · 1947
  5. Schuman v. StevensonSupreme Court of Arkansas · 1949

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