Great Eastern Casualty Co. v. Robins
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Eugene Lank-ford, Judge; 1. The court’s instruction construing part A of section 8 of the policy, is in direct conflict with instruction 1, given at appellant’s request, the latter instruction following literally the language of the policy. The policy means literally what it says.
Read the full summary
Appeal from Faulkner Circuit Court; Eugene Lank-ford, Judge; 1. The court’s instruction construing part A of section 8 of the policy, is in direct conflict with instruction 1, given at appellant’s request, the latter instruction following literally the language of the policy. The policy means literally what it says. Where a' policy provides an indemnity for the insured while he is confined within or to his house, and in addition provides for. further indemnity while the insured is yet totally or partially disabled, the courts give-such construction to the policy as is literally expressed in…
1Opinion of the CourtMcCulloch, C. J.
This is an action on a policy of insurance giving indemnity against sickness and consequent confinement and disability to perform the duties of business or occupation. The clauses of the policy upon which liability is based read as follows:
“Loss of Time — Confining Period.
“Section 8. Part A. If any sickness, contracted and beginning after this policy has been in continuous force for thirty days from this date, shall totally disable and prevent the insured from performing any and every duty pertaining to any and every kind of business or occupation, and shall necessarily and continuously…
2Cases cited3 opinions
- Ramsey v. General Accident, Fire & Life InsuranceMissouri Court of Appeals · 1912
- Metropolitan Plate Glass & Casualty Insurance v. Hawes' Extx.Court of Appeals of Kentucky · 1912
- Breil v. Claus Groth Plattdutschen VereenNebraska Supreme Court · 1909
3Cited by27 opinions
- Janney v. Scranton Life InsuranceSupreme Court of Pennsylvania · 1934
- Fidelity & Casualty Co. v. JoinerCourt of Appeals of Texas · 1915
- Fitzgerald v. Globe Indemnity Co. of New YorkCalifornia Court of Appeal · 1927
- Bankson v. Mutual Ben. Health & Accident Ass'nSupreme Court of Louisiana · 1945
- Wright v. Prudential Insurance of AmericaCalifornia Court of Appeal · 1938
22 more not listed; retrieve them via the Exa API.