Legal Opinion

Commercial Union Fire Insurance v. King

Supreme Court of Arkansas

Decided April 28, 1913PublishedCited by 36 opinions

Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The policy was void and was never delivered, nor was the premium paid. 74 Ark. 507; 78 Id. 127; 85 Id. 337. 2. The policy was properly canceled. 8 Pa. Dist. 261; May on Ins.

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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The policy was void and was never delivered, nor was the premium paid. 74 Ark. 507; 78 Id. 127; 85 Id. 337. 2. The policy was properly canceled. 8 Pa. Dist. 261; May on Ins. (4 ed.), § 68; 19 Cyc. 646, par. 2, note 33; 7 E. I. 562. 3. The jury should have been allowed to pass on the question whether the notice of cancellation of the policy was received or not. 105 Ark. 136. 4. Proof of loss was not made as required. 67 Ark. 584; 85 Id. 33; 72 Id. 484; 84 Id. 224; 87 Id.. 171; 88 Id. 120. There was no waiver. 88 Ark. 120. 1. The…

1Opinion of the CourtSmith, J.

The complaint in this cause was filed on August 25, 1911, and it was alleged therein that the appellant insurance company on the 8th day of November, 1910, issued to appellee, who was the plaintiff below, its policy of insurance, covering his household effects; which, on the 11th day of September, 1911, and while said policy was in force, were destroyed by fire, and that the property destroyed was of the value of $567.25. He alleged further that the policy was not in his possession, but was sufficient in amount to cover the loss.

After a demurrer on the part of appellant had been overruled, it…

2Cases cited4 opinions

  1. Woodmen of the World v. HallSupreme Court of Arkansas · 1912
  2. Runkle v. Citizens' Ins.United States Circuit Court · 1881
  3. Dodge v. ThomasonSupreme Court of Arkansas · 1910
  4. Farmers' Bank v. JohnsonSupreme Court of Arkansas · 1912

3Cited by36 opinions

  1. Medford v. Pacific National Fire InsuranceOregon Supreme Court · 1950
  2. Spann v. Commercial Standard Ins. Co. of Dallas, Tex.Court of Appeals for the Eighth Circuit · 1936
  3. Galkin v. Lincoln Mutual Casualty Co.Michigan Supreme Court · 1937
  4. Jorgensen v. KnutsonSupreme Court of Minnesota · 2003
  5. Allemania Fire Insurance v. ZwengSupreme Court of Arkansas · 1917

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