Teutonia Insurance v. Johnson
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court. Edward D. Robertson, Chancellor. The policy was forfeited for failure to give notice and make proofs of loss within sixty days, as required by its conditions.' 13 Am. & Eng. Enc. Law (2d Ed.), 327, 328, 335; 64 Ark. 593; 2 May, Ins. § 463; 7 Am. & Eng. Enc.
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Appeal from Woodruff Chancery Court. Edward D. Robertson, Chancellor. The policy was forfeited for failure to give notice and make proofs of loss within sixty days, as required by its conditions.' 13 Am. & Eng. Enc. Law (2d Ed.), 327, 328, 335; 64 Ark. 593; 2 May, Ins. § 463; 7 Am. & Eng. Enc. Law, § 1043; 8 Wait’s Act. & Def. 795; Wood, Eire Ins. § § 412, 437. The requirement of the policy as to the form and contents of the proofs of loss, as well-as the time for their filing, must be complied with, unless waived. Wood, Ins. § § 411, 412, 414; 75 Pa. St. 378; 13 Am. & Eng. Enc. Law (2d Ed.),…
1Opinion of the CourtBunn, C. J.
The appellee, R. L. Johnson, being indebted to his co-appellee, the Riverside Lumber Company, in the sum of $470, evidenced by his promissory note of that date, bearing interest at the rate of 10 per centum per annum, to secure the payment of the same, executed and delivered to it his mortgage on his residence, of even date with said note, and as alleged agreed to keep said premises insured for the benefit of said Riverside Lumber Company accordingly as its interests might appear, but, failing for some reason to take out insurance at the time, the lumber company did so for its own protection.…
2Cited by18 opinions
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- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Watson v. Ocean Accident & Guarantee Corp.Arizona Supreme Court · 1925
- Cook v. U. S. Fidelity & Guaranty Co.Supreme Court of Arkansas · 1950
- Fireman's Fund Insurance Co. v. Care Management, Inc.Supreme Court of Arkansas · 2010
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