DeLoach v. Ozark Mutual Life Insurance
Supreme Court of Arkansas
Appeal from Polk -Circuit Court; Jmnes 8. Steel, Judge; 1. The certificates do not contain any forfeiture clause, and the language of the applications and certificates do not amount to a warranty that will render the certificates void because of an honest mistake as to the age of the insured.
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Appeal from Polk -Circuit Court; Jmnes 8. Steel, Judge; 1. The certificates do not contain any forfeiture clause, and the language of the applications and certificates do not amount to a warranty that will render the certificates void because of an honest mistake as to the age of the insured. An insurance policy is construed most strongly against the insurer. 134 Ark. 245; 80 Id. 49; 134 Id. 245; 113 Id. 174; 86 Id. 115. 2. Forfeitures are not favored, and if the contract does not specifically and definitely provide for such forfeiture the court will not read a forfeiture into the contract.…
1Opinion of the Court
Smith, J..Appellant DeLoach made application for two certificates of membership in the Ozark Mutual Life Association, hereinafter referred to as the company, on the life of his mother. The certificates were issued, and the insured died April 19, 1919. The proof of death thereafter made disclosed the fact that Mrs. DeLoach was past sixty years of age at the time of the issuance of the certificate, and that information thus acquired was the first knowledge the company had that the insured’s true age had not been correctly stated in the applications.
The applications for the certificates…
2Cases cited9 opinions
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
- Lincoln Reserve Life Insurance v. SmithSupreme Court of Arkansas · 1918
- Swett v. Citizens' Mutual Relief SocietySupreme Judicial Court of Maine · 1886
- Marcoux v. Society of Beneficence St. John BaptistSupreme Judicial Court of Maine · 1898
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3Cited by7 opinions
- Ozark Mutual Life Association v. DillardSupreme Court of Arkansas · 1925
- Modern Order of Praetorians v. WilkinsSupreme Court of Alabama · 1929
- Johnson v. Central Mutual Ins. Assn.Supreme Court of Missouri · 1940
- Pond v. Idaho Mutual Benefit AssociationIdaho Supreme Court · 1959
- Hohenschutz v. Knights of ColumbusSupreme Court of Arkansas · 1945
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