Miller v. Illinois Bankers' Life Ass'n
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. The court erred in holding that under the testimony there was no question of fact for the jury, and in taking the case from the jury and in holding that appellee was only liable for the amount of' premiums paid by assured. It was not exempted from liability for death from natural causes while in the military service. The company is hound by the acts of its agent Scroggins, and his knowledge was its knowledge.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. The court erred in holding that under the testimony there was no question of fact for the jury, and in taking the case from the jury and in holding that appellee was only liable for the amount of' premiums paid by assured. It was not exempted from liability for death from natural causes while in the military service. The company is hound by the acts of its agent Scroggins, and his knowledge was its knowledge. It is hound by the acts of its agent, as he acted within the scope of Ms authority. 103 Ark. 86; 96 Id. 456; 31 Cyc. 1645; 1…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant instituted this action against appellee to recover on a life insurance policy issued by tbe latter on March 6, 1915, to Arl E. Miller, who died at Camp Beauregard, Louisiana, on December 26,1917, while in the military service of our Government. Death of the insured resulted from pneumonia.
The facts of the case are undisputed, and the trial court decided that there was no liability under the policy, except to the extent of the small sum paid to the company by the insured as premiums. The policy contained the following clause:
“It is expressly provided that death while in the service…
2Cases cited7 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Standard Life & Accident Insurance v. SchmaltzSupreme Court of Arkansas · 1899
- Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914
- LaRue v. Kansas Mutual Life InsuranceSupreme Court of Kansas · 1904
- Welts v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1871
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3Cited by70 opinions
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- Johnson v. Mutual Life InsuranceSupreme Court of Georgia · 1922
- Masonic Accident Insurance v. JacksonIndiana Supreme Court · 1929
- Standard Acc. Ins. Co. v. RobertsCourt of Appeals for the Eighth Circuit · 1942
- Benham v. American Central Life InsuranceSupreme Court of Arkansas · 1919
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