Benham v. American Central Life Insurance
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The undisputed facts show that deceased was not “engaged” in the army or naval service at the time of his death in the contemplation of the contract, and under the provisions of the policies the company is liable for the full amount of the policies, and the insured had not reached a flying status in his training for a commission and consequently a permit was not necessary.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The undisputed facts show that deceased was not “engaged” in the army or naval service at the time of his death in the contemplation of the contract, and under the provisions of the policies the company is liable for the full amount of the policies, and the insured had not reached a flying status in his training for a commission and consequently a permit was not necessary. Forfeitures are not favored. 133 Ark. 174; 1 Cyc. 245; 65 Ark. 59; 60 Atl. 180; 155 N. W. 860. The contract will be construed most strongly against the insurer. 94…
1Opinion of the Court
HART, J.,
(after stating the facts). The correctness of the holding of the trial court depends upon the construction to be placed upon the following provision which is contained in each policy sued on:
“Death while engaged in military or naval service in time of war, or in consequence of such service, shall render the company liable for only the reserve under this policy, unless the company’s permission to engage in such service shall have been obtained and such extra premium or premiums as the company may require shall have been paid.”
Counsel for the defendant seek to uphold the judgment upon…
Also in this document: Dissent.
2Cases cited1 opinion
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
3Cited by46 opinions
- Johnson v. Mutual Life InsuranceSupreme Court of Georgia · 1922
- Masonic Accident Insurance v. JacksonIndiana Supreme Court · 1929
- Head v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1930
- B. & H. Passmore Metal & Roofing Co. v. New Amsterdam Casualty Co.Court of Appeals for the Tenth Circuit · 1945
- Coit v. Jefferson Standard Life InsuranceCalifornia Supreme Court · 1946
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