National Old Line Insurance Company v. People

I disagree with the majority both as to the interpretation of the law and as to the conclusion that the misstatements here were not material.

The majority opinion does not state any precedent or authority for its construction of Ark. Stat. Ann. § 66-3208 (Repl. 1966) that there must be a causal relation between the applicant’s misstatement and the eventual loss. A reading of the cases will reveal two types of statutes — i.e., those like or similar to our own and those similar to the Missouri and Texas statutes which provide that no misrepresentation made in obtaining or securing a policy shall…