Springfield Fire & Marine Insurance v. State
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Southern District; George W. Clark, Judge; The failure to furnish proof of loss was fatal to a recovery. 77 Ark. 484; 87 Ark. 171; 108 Ark. 261; 88 Ark. .120; 84 Ark. 224; 91 Ark. 43. Agency is a fact, proof of which must be made by the party affirming it. 93 Ark. 603; 105 Ark. 446; 53 Ark. 208; 92 Ark. 320; 2 Clements on Fire Insurance, 443. The court erred in refusing to give instruction No. 1 requested by appellant, as to…
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Appeal from Arkansas Circuit Court, Southern District; George W. Clark, Judge; The failure to furnish proof of loss was fatal to a recovery. 77 Ark. 484; 87 Ark. 171; 108 Ark. 261; 88 Ark. .120; 84 Ark. 224; 91 Ark. 43. Agency is a fact, proof of which must be made by the party affirming it. 93 Ark. 603; 105 Ark. 446; 53 Ark. 208; 92 Ark. 320; 2 Clements on Fire Insurance, 443. The court erred in refusing to give instruction No. 1 requested by appellant, as to “Contributions.” 51 S. W. 879.
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the name of the State of Arkansas, for the use and. benefit of Arkansas County, on a policy of insurance issued by appellant whereby the latter agreed to insure Arkansas County against loss or damage to the courthouse from windstorms, cyclones and tornadoes. The policy was for the sum of $10,000, and the premium of $75, based on the total amount of the policy, was paid, as recited in the policy. The policy reads that the insurer does indemnify the assured “against all direct loss or damage by windstorms, cyclones and tornadoes, except as. hereinafter provided,…
2Cases cited1 opinion
- National Union Fire Insurance v. CrabtreeSupreme Court of Arkansas · 1922
3Cited by3 opinions
- Nathan Miller, Inc. v. Northern InsuranceSuperior Court of Delaware · 1944
- Firemen's Insurance Co. of Newark v. RyeSupreme Court of Arkansas · 1923
- National Union Fire Insurance v. WrightSupreme Court of Arkansas · 1924