Burlington Insurance v. Kennerly
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. The rights of parties claiming insurance arise out of and depend upon contract, and must be ascertained and fixed by the contract. 52 Ark. 206; 1 Wood, Fire Ins. p. 179; 1 May on Ins. sec. 173. Parol testimony is. not admissible to control or vary their terms. 1 May on Ins. sec. 171-2; 14 S. E. 532; 5 Law. Rep. Ann, 799, 805; 1 Wood, Fire Ins. p. 11; 11 Am. & Eng. Fnc. Law, p. 286, note.
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. The rights of parties claiming insurance arise out of and depend upon contract, and must be ascertained and fixed by the contract. 52 Ark. 206; 1 Wood, Fire Ins. p. 179; 1 May on Ins. sec. 173. Parol testimony is. not admissible to control or vary their terms. 1 May on Ins. sec. 171-2; 14 S. E. 532; 5 Law. Rep. Ann, 799, 805; 1 Wood, Fire Ins. p. 11; 11 Am. & Eng. Fnc. Law, p. 286, note. By accepting the policy, the assured agreed to all the conditions in the policy. 1 Wood, Fire Ins. p. 10, and note 2 ; 47 N. Y. 114 ; 68 Wis.…
1Opinion of the CourtBunn, C. J.
This is a suit on a policy of fire insurance, instituted and determined in the Garland circuit court, resulting in a judgment in favor of the plaintiff, M. M. Kennerly, the appellee here, in the sum of $150 against the defendant and appellant company, from which it has appealed to this court.
There having been no notice and proof of the loss, as provided in the policy, the only question for our consideration is, whether or not the same has been waived by the insurance company.
It appears from the testimony that previously to the 18th day of July, 1892, John J. Sumpter & Son were the local…
2Cases cited3 opinions
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Ætna Insurance v. ShryerIndiana Supreme Court · 1882
- Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
3Cited by12 opinions
- Paulson v. Western Life InsuranceOregon Supreme Court · 1981
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- Burlington Insurance v. LowerySupreme Court of Arkansas · 1895
- Mutual Life Insurance v. AbbeySupreme Court of Arkansas · 1905
- McCollum v. Liverpool, London & Globe InsuranceMissouri Court of Appeals · 1896
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