Concordia Fire Insurance v. Mitchell
Supreme Court of Arkansas
Appeal from Hempstead Circuit 'Court; George R. Haynie, Judge; 1. There was no waiver of proof of loss. To hind appellants it is necessary that it be-established that the person whose conduct is relied on to effect the waiver was, first, the agent of the companies, and, second, that he acted within the scope or the apparent scope of his authority.
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Appeal from Hempstead Circuit 'Court; George R. Haynie, Judge; 1. There was no waiver of proof of loss. To hind appellants it is necessary that it be-established that the person whose conduct is relied on to effect the waiver was, first, the agent of the companies, and, second, that he acted within the scope or the apparent scope of his authority. Foster had no- power to adjust losses or waive proof of loss; nor any authority to bind the companies by introducing Casey as an adjuster. The prima facie case of Foster’s authority was overcome by direct proof that he had no such authority. 100…
1Opinion of the CourtSmith, J.
Appellee, who was doing business as the Rustic Novelty Company, brought suits against the appellant insurance 'companies on certain policies of insurance covering property which was destroyed by fire on July 11, 1914. There was prayer for the amounts of the policies, and the statutory penalty and for attorney’s fees. Separate suits were filed against each of the companies, but the same issue is involved in each case and the cases were consolidated and tried together.
No question is'made as to the occurrence of the fire, or the extent of the loss. The policies sued on are standard form policies…
2Cases cited2 opinions
- Citizens' Fire Insurance v. LordSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. NunleySupreme Court of Arkansas · 1915
3Cited by11 opinions
- Vaughan v. HinkleSupreme Court of Arkansas · 1917
- National Union Fire Insurance v. CrabtreeSupreme Court of Arkansas · 1922
- Liverpool & London & Globe Ins. v. PaytonSupreme Court of Arkansas · 1917
- Boddy v. ThompsonSupreme Court of Arkansas · 1929
- Pine Bluff Heading Co. v. BockSupreme Court of Arkansas · 1924
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