McBride v. Aetna Life Insurance
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. The policy is an indemnity insurance policy and a liability insurance policy. 66 Ark. 562; 64 Id. 174. This court does not follow the rule in 72 N. H. 485. 2. The policy was assignable with or without the written consent of the insurer. Kirby’s Digest, § § 509, 517-18; 66 Ark. 243; 12 Idaho 653; 10 A. & E. Ann.
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Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. The policy is an indemnity insurance policy and a liability insurance policy. 66 Ark. 562; 64 Id. 174. This court does not follow the rule in 72 N. H. 485. 2. The policy was assignable with or without the written consent of the insurer. Kirby’s Digest, § § 509, 517-18; 66 Ark. 243; 12 Idaho 653; 10 A. & E. Ann. Cas. 328; 157 Fed. 514; 85 C. C. A. 106; 138 Fed. 426; 133 Id. 816. The assignment as collateral vested in appellant a title sufficient to enable him to collect the proceeds. 112 Fed. 759; 68 Ark. 391; 77 Id. 60: 44 Id.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted to recover on an indemnity policy issued by the defendant, Aetna Life Insurance Company, to the Arkansas Anthracite Coal Company, and by the latter assigned to W. F. McBride. The suit was instituted for the benefit of plaintiff McBride, but the Arkansas Anthracite Coal Company, the original holder of the policy, joined as a party plaintiff.
The undertaking on the part of the insurance company, set forth in the policy, is to indemnify the assured- “against loss and expense arising or resulting from claims upon the assured for damages on account of the bodily…
2Cases cited3 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Maryland Casualty Co. v. Omaha Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1907
- Fidelity & Casualty Co. v. FordyceSupreme Court of Arkansas · 1897
3Cited by12 opinions
- Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
- Luges v. WindellWashington Supreme Court · 1921
- Owens v. Jackson-Hinton Gin Co.Court of Appeals of Texas · 1920
- Garetson-Greason Lumber Co. v. Home Life & Accident Co.Supreme Court of Arkansas · 1917
- Kansas Free Fair Ass'n v. Georgia Casualty Co.Supreme Court of Kansas · 1920
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