Firemen's Insurance v. Davis
Supreme Court of Arkansas
Appeal from Garland Circuit court; Scott Wood, Judge; 1. The conditions of the policy as to an appraisement were not complied with and there can be no recovery. 15 L. E. A. (N. S.) 1055, 1061-2-3, 1069; 50 N. E. 805; 73 N. W. 594; 94 Id. 458; 76 Id. 72; 50 Atl. 282; 61 N. W. 67; 50 N. E. 943; 69 Mo.
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Appeal from Garland Circuit court; Scott Wood, Judge; 1. The conditions of the policy as to an appraisement were not complied with and there can be no recovery. 15 L. E. A. (N. S.) 1055, 1061-2-3, 1069; 50 N. E. 805; 73 N. W. 594; 94 Id. 458; 76 Id. 72; 50 Atl. 282; 61 N. W. 67; 50 N. E. 943; 69 Mo. App. 232; 61 S. W. 787. 2. The clause in the policy as to appraisement is not contrary to Kirby’s Digest, § 4382, nor void. 107 N. W. 59. Such stipulations are valid. 5 H. S. Cases, 811; 136 U. S. 242; 50 N. Y. 250; 62 N. W. 422; 28 L. E. A. 405; 5 Pac. 232; 42 Minn. 315; 44 N. W. 252. 3. The…
1Opinion of the CourtHart, J.
S. J. and M. A. Davis sned tbe Firemen’s Insurance Company of Newark, New Jersey, to recover on a policy of fire insurance. On tbe 20tb day of August, 1914, tbe defendant issued a policy of fire insurance to the plaintiffs, insuring tbeir piano situated in a certain dwelling in tbe city of Hot Springs, Arkansas, against loss by fire in tbe sum of $400 for tbe period of one year. On tbe 18th day of March, 1915, tbe building in which tbe piano was situated was destroyed by fire and tbe piano was greatly damaged by tbe fire.
The defense of tbe company was that the plaintiffs bad failed to comply…
2Cited by3 opinions
- Insurance Co. of North America v. KempnerSupreme Court of Arkansas · 1918
- Miller v. AMERICAN INSURANCE COMPANY OF NEWARK, NJDistrict Court, W.D. Arkansas · 1954
- W. R. Grimshaw Co. v. Nazareth Literary & Benevolent InstitutionDistrict Court, E.D. Arkansas · 1953