Planters' Mutual Insurance v. Hamilton
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. WinEield, Judge; The act of the local soliciting agent, who was only empowered to procure applications for insurance and forward the same to the company, in authorizing the assignment of the policy after its delivery to plaintiff, was without authority, did not bind the company; and violated the policy. 54 Ark. 75. Notice of loss and inventory of the property was not given, and the proof of loss was not given as required by the…
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Appeal from Pulaski Circuit Court; Edward W. WinEield, Judge; The act of the local soliciting agent, who was only empowered to procure applications for insurance and forward the same to the company, in authorizing the assignment of the policy after its delivery to plaintiff, was without authority, did not bind the company; and violated the policy. 54 Ark. 75. Notice of loss and inventory of the property was not given, and the proof of loss was not given as required by the contract, nor within the time prescribed. 4 Joyce on Insurance, § § 3280, 3267; 85 Mo. 289; 27 Atl. 154; 72 Ark. 484. The…
1Opinion of the CourtMcCulloch, J.
This is an action brought by appellee, L. D. Hamilton, against appellant in the circuit court of Pulaski County to recover the amount of two policies of insurance issued to him by appellant, one for $200 upon his stock of merchandise and $600 on frame store building, and the other for $300 on stock of merchandise. The policies were issued on December 1, 1902, and March 21, 1903, respectively, and the property was destroyed by fire on May 27, 1903. The plaintiff alleged in his complaint that he had fully complied with all the requirements of the policy.
The defendant, among other defenses,…
2Cases cited2 opinions
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Greenwich Insurance v. StateSupreme Court of Arkansas · 1905
3Cited by8 opinions
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
- Conley v. Fidelity-Phenix Fire Ins.District Court, W.D. Arkansas · 1952
- Home Insurance v. DriverSupreme Court of Arkansas · 1908
- Dodge v. ThomasonSupreme Court of Arkansas · 1910
- Atlas Insurance v. RobisonSupreme Court of Arkansas · 1910
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