Camden Fire Insurance v. Grubbs
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; 1. The policy was avoided by the increased risk or hazard. 45 Pao. 722; 2 Clement Fire Ins. 294; 43 Mo. App. 518; 151 U. S. 452; 67 Pa. 373; 62 N. H. 240; 37 Minn. 300; 1 L. R. A. 57, 64; May on Ins. (1 Ed.), § 223; 106 N. Y. 360; 3 L. R. A. 508; 14 Allen, 329. 2. Due notice of cancellation was given and there was no waiver of forfeiture.
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Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; 1. The policy was avoided by the increased risk or hazard. 45 Pao. 722; 2 Clement Fire Ins. 294; 43 Mo. App. 518; 151 U. S. 452; 67 Pa. 373; 62 N. H. 240; 37 Minn. 300; 1 L. R. A. 57, 64; May on Ins. (1 Ed.), § 223; 106 N. Y. 360; 3 L. R. A. 508; 14 Allen, 329. 2. Due notice of cancellation was given and there was no waiver of forfeiture. Cases supra. 1. The return of the unearned premium and notice were necessary before cancellation. 62 Ark. 382; 13 L. R. A. '(N. S.) 886; 40 L. R. A. 765; 39 Id. 829 (N. S.); 19 Cyc. 644; 37…
1Opinion of the CourtHart, J.
This suit was brought in the chancery court by James W. Grubbs, as trustee, against the Camden Fire Insurance Association to collect the sum of ■six hundred ($600.00) dollars upon a policy of fire insurance. The suit was brought in the chancery court for the purpose of reforming the policy as to the persons for whose benefit the policy was issued, and it is conceded that the court properly reformed the policy in the manner asked. A recovery under the policy is resisted on the ground that the company canceled the policy before the property was burned and on the ground of a breach of one of the…
2Cases cited5 opinions
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- German-American Insurance v. HarperSupreme Court of Arkansas · 1905
- Concordia Fire Insurance v. MitchellSupreme Court of Arkansas · 1916
- Arkansas Mutual Fire Insurance v. ClaiborneSupreme Court of Arkansas · 1907
- Home Fire Insurance v. WilsonSupreme Court of Arkansas · 1915
3Cited by2 opinions
- National Union Fire Insurance Co. v. KentSupreme Court of Arkansas · 1924
- Travelers Insurance v. SindleDistrict Court, W.D. Arkansas · 1960