Legal Opinion

New Amsterdam Casualty Co. v. Union Sawmill Co.

Supreme Court of Arkansas

Decided May 16, 1910PublishedCited by 1 opinion

Appeal from Union Circuit Court; George W. Hays, Judge; statement by the court. The plaintiff, appellant, sued the defendant, appellee, for $254.62. The -basis of the suit is a claim on the part of appellant that the appellee did not pay the full amount of premium on a certain policy of insurance known as “employers’ liability,” issued April 14, 1904, expiring one year thereafter.

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Appeal from Union Circuit Court; George W. Hays, Judge; statement by the court. The plaintiff, appellant, sued the defendant, appellee, for $254.62. The -basis of the suit is a claim on the part of appellant that the appellee did not pay the full amount of premium on a certain policy of insurance known as “employers’ liability,” issued April 14, 1904, expiring one year thereafter. This policy of insurance protects against liability on account of accident to certain employees. The protection is limited to $5,000 for one person and $10,000 for one accident. The rate of insurance was fifty-five…

1Opinion of the Court

Wood, J.,

(after stating the facts). The court did not err in refusing the prayer and in rendering judgment in favor of appellee for costs. The parol testimony did not contradict or alter the terms of the written contract. It only tended to prove who were on the payrolls of the assured engaged in the special work or occupation named in the schedule. Those engaged in these special occupations enumerated in the schedule were covered by the policy. None others were. The amount of the premiums to be paid had to be determined by the amount of the payrolls to employees engaged in the special…

2Cases cited1 opinion

  1. Fidelity & Casualty Co. v. Fayetteville Wagon, Wood & Lumber Co.Supreme Court of Arkansas · 1910

3Cited by1 opinion

  1. Riddle v. HolcombSupreme Court of Arkansas · 1923

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