Arkansas Mutual Fire Insurance v. Witham
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; statement by the court. Appellant, in consideration of the sum of $16.50 paid byappellee as premium, issued its policy of fire insurance to appellee, insuring his dwelling house in the town of Eeachville, Arkansas, “against all direct loss or damage by fire, lightning, tornadoes and cyclones.”
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Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; statement by the court. Appellant, in consideration of the sum of $16.50 paid byappellee as premium, issued its policy of fire insurance to appellee, insuring his dwelling house in the town of Eeachville, Arkansas, “against all direct loss or damage by fire, lightning, tornadoes and cyclones.” The policy was in a sum not exceeding $1,000 and of date December 5, 1903. Appellee sued appellant on this policy, alleging “that on the 25th of March, 1904, said dwelling house was completely destroyed by a cyclone or tornado.”…
1Opinion of the CourtWood, J.
(after stating the facts.) 1. Appellee has a .policy insuring his dwelling against loss by “fire, lightning, tornadoes and cyclones.” He showed that he sustained a total loss' by tornadoes, and that the appellant denied liability for such loss. This established prima facie the liability of appellant. The burden was' then upon appellant to show that the policy did not in fact cover loss from tornado, and that the failure to erase the word “tornado” from the policy, or the insertion of that word, was a mistake which neither appellant -nor' appellee intended. The rule by which reformation is or…
2Cases cited10 opinions
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- Goerke v. RodgersSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Parker v. CarterSupreme Court of Arkansas · 1909
- Beauchamp v. Retail Merchants Ass'nNorth Dakota Supreme Court · 1917
- Queen of Arkansas Insurance v. MaloneSupreme Court of Arkansas · 1914
- Southern Farm Bureau Casualty Insurance v. McGibboneySupreme Court of Arkansas · 1969
3 more not listed; retrieve them via the Exa API.