Home Mutual Benefit Ass'n v. Keller
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James 8. Steel, Judge; STATEMENT OE PACTS. I. T. Keller sued the Home Mutual Benefit Association to recover on two benefit certificates issued by the association at bis application upon tbe life of E. W. Moore. Tbe Home Mutual Benefit Association was incorporated under tbe laws of tbe State of Arkansas for tbe purpose of conducting a life and accident insurance business in tbis State.
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Appeal from Polk Circuit Court; James 8. Steel, Judge; STATEMENT OE PACTS. I. T. Keller sued the Home Mutual Benefit Association to recover on two benefit certificates issued by the association at bis application upon tbe life of E. W. Moore. Tbe Home Mutual Benefit Association was incorporated under tbe laws of tbe State of Arkansas for tbe purpose of conducting a life and accident insurance business in tbis State. I. T. Keller applied to tbe Home Mutual Benefit Association to issue two benefit certificates to bim as tbe beneficiary upon tbe life of E. W. Moore, and they issued in tbe sum of…
1Opinion of the CourtHart, J.
(after stating the facts). The defense of the insurance company to the suit is that Keller did not have an insurable interest in the life of Moore, and on this account the policy is void. Hence it is earnestly insisted by counsel for the defendant that the court erred in not directing a verdict in its favor, and in this contention we think counsel are correct.
"What constitutes an insurable interest in the life of another is clearly stated in Warnock v. Davis, 104 U. S. 775, as follows:
“It is not easy to define with precision what will in all cases constitute an insurable interest, so as to…
2Cases cited5 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- McRae v. WarmackSupreme Court of Arkansas · 1911
- Acree v. WhitleySupreme Court of Arkansas · 1918
- Rombach v. Piedmont & Arlington Life InsuranceSupreme Court of Louisiana · 1883
- Cotton v. Mutual Aid UnionSupreme Court of Arkansas · 1918
3Cited by6 opinions
- Frigillana v. FrigillanaSupreme Court of Arkansas · 1979
- Commonwealth Life Ins. Co. v. GeorgeSupreme Court of Alabama · 1947
- Goodwin v. Federal Mut. Ins. Co.Louisiana Court of Appeal · 1938
- American Insurance Union v. ManesSupreme Court of Arkansas · 1921
- Mutual Aid Union v. StephensSupreme Court of Oklahoma · 1924
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