Southern Surety Co. v. Puryear-Meyer Grocer Co.
Supreme Court of Arkansas
Appeal from Greene Circuit Court, First Division; li. H. Dudley, Judge; Appellant did not waive its right to avail itself of tlie covenants of the policy with reference to notice of claim and notice of suit, by its appearance and defense of the second suit instituted by Scott. A waiver is the intentional relinquishment of a known right. 82 Fed. 406, 47 L. E. A. 450; 32 Conn. 21, 85 Am.
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Appeal from Greene Circuit Court, First Division; li. H. Dudley, Judge; Appellant did not waive its right to avail itself of tlie covenants of the policy with reference to notice of claim and notice of suit, by its appearance and defense of the second suit instituted by Scott. A waiver is the intentional relinquishment of a known right. 82 Fed. 406, 47 L. E. A. 450; 32 Conn. 21, 85 Am. Dec. 240; 66 Conn. 227, 50 A. S. E. 80; 127 111. 364; 11 A. S. E. 121. Under the contract appellant was bound to appear and defend the action, and by doing so cannot be held to have waived any right. Appellee…
1Opinion of the CourtMcCulloch, C. J.
Appellee, a doméstic corporation, is engaged in the mercantile business in the city of Paragould, and operates one or more automobile trucks in connection with its business. One of these trucks collided with and damaged an automobile owned by G. W. Scott, and the latter made claim against appellee for reimbursement for the injury thus inflicted. Appellee carried with appellant a policy of indemnity insurance covering liability of the kind which includes Scott’s claim against appellee.
Scott obtained a default judgment in the common pleas court of Greene Count}'- for the amount of his claim,…
2Cited by7 opinions
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- National Surety Corporation v. L. E. Wells, Sr. v. R. Hopfe, and Ella Hopfe, and L. E. Wells, Jr., a MinorCourt of Appeals for the Fifth Circuit · 1961
- North River Insurance v. GourdineSupreme Court of Virginia · 1964
- MFA Mutual Insurance Company v. WhiteSupreme Court of Arkansas · 1960
- Fireman's Fund Insurance Co. v. Care Management, Inc.Supreme Court of Arkansas · 2010
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