National Union Fire Insurance v. School District
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; affirmed. 1. The court erred in overruling the demurrer. The complaint does not allege the performance of the conditions precedent in the policy. 38 Ark. 127; Could on Pleading (3 ed.) 175; 10 Ark. 416; Kirby’s Digest, § ^ 6119. 2. The court erred in its charge to the jury as to substantial compliance with the conditions of the contract. 57 Ark. 461. 3: It was error to refuse an instructed verdict for defendant.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; affirmed. 1. The court erred in overruling the demurrer. The complaint does not allege the performance of the conditions precedent in the policy. 38 Ark. 127; Could on Pleading (3 ed.) 175; 10 Ark. 416; Kirby’s Digest, § ^ 6119. 2. The court erred in its charge to the jury as to substantial compliance with the conditions of the contract. 57 Ark. 461. 3: It was error to refuse an instructed verdict for defendant. The liability has been fully settled. 93 Ark. 383. There was no fraud or mistake. 4. Testimony as to the condition of the…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit in the Washington Circuit Court against appellant on a tornado insurance policy for damages alleged to have been done to its school building by a storm on May 20, 1916. The west end of the building was blown off the foundation five or six feet and the east end five or six inches. The policy was made a part of the complaint and contained a “loss proof” clause to the effect that appellee would make written proof under oath of any loss that might occur within sixty days from the date of the loss. It also contained a conditional arbitration clause and other clauses of…
2Cases cited4 opinions
- Kahn v. MetzSupreme Court of Arkansas · 1908
- Cache Valley Lumber Co. v. Culver Co.Supreme Court of Arkansas · 1910
- Burton v. MerrickSupreme Court of Arkansas · 1860
- Fletcher v. WhitlowSupreme Court of Arkansas · 1904
3Cited by5 opinions
- McGarity v. StateSupreme Court of Arkansas · 1922
- Courson v. ChandlerSupreme Court of Arkansas · 1975
- Employer's Liability Assurance Corp. v. Mid-State Homes, Inc.Supreme Court of Arkansas · 1971
- Sands v. Albert Pike Motor HotelSupreme Court of Arkansas · 1968
- Sands v. Albert Pike Motor HotelSupreme Court of Arkansas · 1968