Arkansas Mutual Fire Insurance v. Claiborne
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Alexander M. Dwfñe, Judge; STATEMENT BY THE COURT. In April, 1903, D. W. Claiborne made an application to the Security Mutual Fire Insurance Company of Little Rock, Arkansas, for three thousand dollars insurance on property in Hot Springs, Arkansas.
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Appeal from Garland Circuit Court; Alexander M. Dwfñe, Judge; STATEMENT BY THE COURT. In April, 1903, D. W. Claiborne made an application to the Security Mutual Fire Insurance Company of Little Rock, Arkansas, for three thousand dollars insurance on property in Hot Springs, Arkansas. In the application for the insurance which he filed with the company the property is described as a “combined rooming and frame dwelling house” having twenty-four rooms, with the furniture, bedding, etc., contained therein. The application was made on a printed form with printed questions. To the question, “Are…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal by an insurance company from a judgment rendered against it on a policy of insurance against fire issued by it.
The first contention of the defendant company is that Claiborne, who was an insurance agent, perpetrated a fraud upon the insurance company in his application for the policy by pretending that the building on which he applied for insurance was a dwelling house when in fact it was a hotel. But in the application, which by the terms of the policy is made a part thereof, Claiborne described the property as a combined rooming and…
2Cases cited4 opinions
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- German-American Insurance v. HarperSupreme Court of Arkansas · 1905
- French & American Importing Co. v. Belleville Drug Co.Supreme Court of Arkansas · 1905
3Cited by8 opinions
- American National Insurance v. OtisSupreme Court of Arkansas · 1916
- Western Assurance Company v. WhiteSupreme Court of Arkansas · 1926
- Springfield Fire & Marine Ins. v. E. B. Cockrell Holding Co.Supreme Court of Oklahoma · 1917
- Commercial Fire Insurance v. BelkSupreme Court of Arkansas · 1908
- Home Fire Insurance v. WilsonSupreme Court of Arkansas · 1915
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