Concordia Fire Insurance v. Waterford
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; These propositions are involved in this case: 1. The preliminary notice and proof of loss were not given or made within the time stipulated in the policy, and no action can be maintained. 2. The circumstances shown in the record do not excuse the failure to give notice and furnish proof of loss within the time specified; and, 3. There was no waiver of proof of loss. 72 Ark. 484-90; 17 L. E. A. (N. S.) 260; 72 S. W.…
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Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; These propositions are involved in this case: 1. The preliminary notice and proof of loss were not given or made within the time stipulated in the policy, and no action can be maintained. 2. The circumstances shown in the record do not excuse the failure to give notice and furnish proof of loss within the time specified; and, 3. There was no waiver of proof of loss. 72 Ark. 484-90; 17 L. E. A. (N. S.) 260; 72 S. W. 135; 18 L. E. A. (N. S.) 109; 14 Id. 503; 67 L. E. A. 275; 60 Atl. 1009; 88 Ark. 120; 4 Cooley’s Briefs, p. 3531; 4 E. C.…
1Opinion of the CourtHumphreys, J.
This suit was instituted in the Crittenden Circuit Court bjr appellees against appellant to recover $1,000 for the destruction of their church building by a storm, upon an insurance policy issued by appellant to them on the 1st day of July, 1913, insuring appellees against loss to their church building by tornado, windstorm or cyclone. ■
Appellant denied liability under the policy for failure on the part of appellees to comply with provisions in the policy for notice and proofs of loss or damage.
The cause was submitted to the court, sitting as a jury, upon an agreed statement of facts, which…
2Cases cited6 opinions
- Hope Spoke Co. v. Maryland Casualty Co.Supreme Court of Arkansas · 1912
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Johnson v. Maryland Casualty Co.Supreme Court of New Hampshire · 1905
- Teutonia Insurance v. JohnsonSupreme Court of Arkansas · 1903
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Scott v. Inter-Insurance Exchange of Chicago Motor ClubIllinois Supreme Court · 1933
- Missouri State Life Insurance Co. v. JohnsonSupreme Court of Arkansas · 1932
- Woodard v. Security InsuranceSupreme Court of Iowa · 1926
- Valisano v. Continental InsuranceMichigan Supreme Court · 1931
- Rowe v. National Security Fire & Casualty Co.Court of Appeals of Arkansas · 1982
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