United States Annuity & Life Insurance v. Peak
Supreme Court of Arkansas
Appeal from 'Chicot Circuit Court; Turner Butler, Judge; STATEMENT BY THE COURT. Appellee sued appellant to recover on a life insurance policy. The appellant is a life insurance company organized under the laws of the. State of Illinois, and is authorized to transact business in the State of Arkansas.
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Appeal from 'Chicot Circuit Court; Turner Butler, Judge; STATEMENT BY THE COURT. Appellee sued appellant to recover on a life insurance policy. The appellant is a life insurance company organized under the laws of the. State of Illinois, and is authorized to transact business in the State of Arkansas. On August 14,1913, Robert P. Peak, of Readland, Arkansas, made 'application in writing to appellant for a policy of life insurance in the sum of $5,000, payable to his wife, Pearl S. Peak, as beneficiary. In his application he represented and agreed that his answers to questions propounded by…
1Opinion of the Court
Hart, J.,
(after stating the.facts)., (1) The cause was submitted to the jury on the theory that the main question of fact for their determination was whether or not the policy was obtained through fraud. The court instructed the jury that if the insured was affected with Bright’s 'disease at the time he made the application, that such fact was material to the risk and avoided the policy if the insured either knew that fact or concealed it from the company, or purposely furnished the medical examiner of the company with a specimen of urine for examination which was not his- own. The appellant,…
2Cases cited5 opinions
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Great Western Life Ins. Co. v. SparksSupreme Court of Oklahoma · 1913
- Harris v. Security Mutual Life InsuranceTennessee Supreme Court · 1914
- Munkers v. Farmers' Ins.Oregon Supreme Court · 1896
- Powers v. ArmstrongSupreme Court of Arkansas · 1896
3Cited by4 opinions
- Davidson v. Massachusetts Casualty InsuranceMassachusetts Supreme Judicial Court · 1949
- McKeon v. National Casualty Co.Missouri Court of Appeals · 1925
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1916
- American National Insurance v. ChaveySupreme Court of Arkansas · 1932