Arkansas Mutual Fire Insurance v. Stuckey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdzvard W. Winñeld, Judge; 1. The method of bookkeeping resorted to by the insured, as shown in the evidence, was not a compliance with the requirements of the policy.
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Appeal from Pulaski Circuit Court; Bdzvard W. Winñeld, Judge; 1. The method of bookkeeping resorted to by the insured, as shown in the evidence, was not a compliance with the requirements of the policy. The object of this clause of the policy is to ascertain the quantity and value of the property destroyed, yet under the system adopted that was impossible. 53 Ark. 357; 65 Ark. 249; 48 S. E. 918. 2. It is shown that the invoices were not kept in the safe, hence neither the iron safe clause nor the terms of the policy were complied with. 61 S. W. 963; 67 S. W. 153; 80 S. W. 283. 3. It was error…
1Opinion of the CourtMcCulloch, J.
This is an action to recover upon a fire insurance policy issued by appellant upon a stock of merchandise. The plaixitiff recovered judgment below, and the defendant appealed.
Violation of the following clauses of the policy, which by its terms are made warranties, is pleaded in defense:
“1. The assured shall take a complete itemized inventory of stock on hand at least once in each calendar year; and, unless such inventory has been taken of the property covered by this policy within twelve calendar months prior to the date thereof, this policy shall be null and void from such date, and upon…
2Cases cited5 opinions
- Pelican Insurance v. WilkersonSupreme Court of Arkansas · 1890
- Western Assurance Co. v. AltheimerSupreme Court of Arkansas · 1894
- Arkansas Mutual Fire Insurance v. WoolvertonSupreme Court of Arkansas · 1907
- Security Mutual Insurance v. WoodsonSupreme Court of Arkansas · 1906
- People's Fire Insurance v. GorhamSupreme Court of Arkansas · 1906
3Cited by14 opinions
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Aetna Life Ins. Co. v. LangstonSupreme Court of Arkansas · 1934
- Hanover Fire Ins. Co. v. EismanSupreme Court of Oklahoma · 1915
- Home Insurance v. DriverSupreme Court of Arkansas · 1908
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