Capital Fire Insurance v. Kaufman
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; statement by the court. Appellee sued appellant on a policy of fire insurance issued February 15; 1907, insuring for a lump sum of $52 a stock of merchandise and household goods. The insurance on the stock of goods was $1,000, and on the household effects $500. It was alleged that the fire and total loss of the property insured occurred during the life of the policy.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; statement by the court. Appellee sued appellant on a policy of fire insurance issued February 15; 1907, insuring for a lump sum of $52 a stock of merchandise and household goods. The insurance on the stock of goods was $1,000, and on the household effects $500. It was alleged that the fire and total loss of the property insured occurred during the life of the policy. The complaint asked judgment for the full amount of the policy, with 6 per cent, interest and penalty and attorney’s fees. •The answer set up in defense the…
1Opinion of the CourtWood, J.
(after stating the facts.) The policy provides that “the books and inventories and each of the same shall be by the assured kept securely locked in a fireproof safe at night, and at all times when the building mentioned in the policy is not actually open for business.”
It has often been held by this court that a clause in a fire insurance policy similar to the above, and generally designated as the “iron safe clause,” is valid, and that a compliance with its terms by the assured is essential to recovery. Western Assurance Co. v. Altheimer, 58 Ark. 575; Southern Ins. Co. v. Parker, 61 Ark. 207;…
2Cases cited6 opinions
- Sun Insurance v. JonesSupreme Court of Arkansas · 1891
- Sun Mutual Insurance v. DudleySupreme Court of Arkansas · 1898
- McQueeny v. Phœnix InsuranceSupreme Court of Arkansas · 1889
- Southern Insurance v. ParkerSupreme Court of Arkansas · 1895
- Germania Insurance v. BromwellSupreme Court of Arkansas · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tiner v. TinerSupreme Court of Arkansas · 1964
- Wright v. Midland Valley RailroadSupreme Court of Arkansas · 1914
- Dodge v. ThomasonSupreme Court of Arkansas · 1910
- Thomas Cox & Sons Machinery Co. v. ForsheeSupreme Court of Arkansas · 1910
- Dozark v. Westchester Fire InsuranceSouth Dakota Supreme Court · 1926