Legal Opinion

Eminent Household of Columbian Woodmen v. Gaunt

Supreme Court of Arkansas

Decided April 23, 1917PublishedCited by 2 opinions

Appeal from Saline Circuit Court; W. II. Evans, Judge; 1. The arm was not broken and no proof of loss or injury was made as required by the provisions of the policy. 123 Ind. 544; 24 N. E. 221; 7 L. B. A. 339. 2. There was error in the instructions given. 27 111. 324; 163 Kj. 146; 42 Okla. 98. 1. The jury found that the arm was broken.

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Appeal from Saline Circuit Court; W. II. Evans, Judge; 1. The arm was not broken and no proof of loss or injury was made as required by the provisions of the policy. 123 Ind. 544; 24 N. E. 221; 7 L. B. A. 339. 2. There was error in the instructions given. 27 111. 324; 163 Kj. 146; 42 Okla. 98. 1. The jury found that the arm was broken. This is conclusive. 70 Ark. 513; 64 Id. 236 2. The provision as to proof of injury was substantially complied with and formal proof was waived. 51 Vt. 520; 108 Ind. 270; 115 N. Y. 506; 145 Mass. 134; 160 N. W. 266. 3. There is no error in the instructions.…

1Opinion of the CourtSmith, J.

Appellee was the holder of a beneficiary certificate in the appellant company, which contained a covenant that he should receive the sum of $200 if he should sustain a broken arm, the payment to be made upon satisfactory proof to the order that the injury had been sustained. The constitution and by-laws of the order, which, by stipulation contained in the beneficiary certificate, became a part of the certificate, provided that, in case a member was injured, the clerk and banker of the local lodge, called Household, should investigate and promptly report the date and cause of disability, and…

2Cases cited1 opinion

  1. Standard Life & Accident Insurance v. SchmaltzSupreme Court of Arkansas · 1899

3Cited by2 opinions

  1. Conley v. Fidelity-Phenix Fire Ins.District Court, W.D. Arkansas · 1952
  2. Illinois Bankers' Life Assurance Co. v. LaneSupreme Court of Arkansas · 1934

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