Legal Opinion · Concurrence

Lincoln Income Life Insurance Company v. Milton

Supreme Court of Arkansas

Decided March 13, 1967No. 5-4153Published

1ConcurrenceJohn A. Fogleman, Justice

I concur fully in the opinion in this case. A statement in my concurring opinion in Old Equity Life Insurance Company v. Crumby, 241 Ark. 982, 411 S. W. 2d 292 that before a sickness can be said to be excluded, there must at least have been sufficient manifestation of it to make the insured seek a diagnosis, had reference to the facts of that particular case and the terms of that policy. Even so, the principle also has application here. The policy in that case had to do with the origin of the “sickness”. In this the critical time is the time when the “sickness” became evident. Under the facts…

2Cases cited1 opinion

  1. Old Equity Life Insurance v. CrumbySupreme Court of Arkansas · 1967

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