Planters' Mutual Insurance v. Green
Supreme Court of Arkansas
Appeal from Polk Circuit Court. Will P. Teazel, Judge. The consent of the company for additional insurance was not obtained as required by the stipulation in the policy. Ostrander, Ins. 555 ; 46 N. W. 481; 49 N. W. 246; 6 Gray, 173; 11 Cush. 264; 60 Miss. 313; 98 Pa. St. 41; 73 N. Y. 5. Appellee failed to establish a waiver of the stipulation. 63 Ark. 202; 65 Ark. 250; 62 N. W. 897; 23 Am. R. 701; 130 N. Y. 264; 73 N. Y. 5; s Nev. 273; 14 N. Y. 418; 51 Pa.
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Appeal from Polk Circuit Court. Will P. Teazel, Judge. The consent of the company for additional insurance was not obtained as required by the stipulation in the policy. Ostrander, Ins. 555 ; 46 N. W. 481; 49 N. W. 246; 6 Gray, 173; 11 Cush. 264; 60 Miss. 313; 98 Pa. St. 41; 73 N. Y. 5. Appellee failed to establish a waiver of the stipulation. 63 Ark. 202; 65 Ark. 250; 62 N. W. 897; 23 Am. R. 701; 130 N. Y. 264; 73 N. Y. 5; s Nev. 273; 14 N. Y. 418; 51 Pa. St. 402; 13 Gray, 79; 8 Gray, 37. Instruction No. 3 was proper. 64 la. 19. The placing of additional insurance did not in itself void the…
1Opinion of the CourtBattle, J.
Joe L. Green brought an action against the Planters’ Mutual Insurance Association to recover the sum of $1,500 on a policy of insurance executed to him by the association on the 16th day of February, 1900. The property insured was a stock of goods, wares and merchandise and a storehouse. The defendant admitted the execution of the policy, but denied that it was liable thereon, because it contained the following clause: “This entire policy, unless otherwise provided by agreement indorsed thereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other…
2Cases cited1 opinion
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