Wells v. Union Central Life Insurance
Supreme Court of Arkansas
Appeal from Clay Circuit Court; Allen Hughes, Judge; 1. The stipulation that no suit to recover under the policy should be brought after one year from the death of the insured is a limitation in conflict with the law, and will not be enforced. 70 Ark. 1; Kirby’s Digest, § 4380. See 6 Am. & Eng". Enc. Daw, 937 et seq. Remedial statutes are construed liberally to accomplish the object sought.
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Appeal from Clay Circuit Court; Allen Hughes, Judge; 1. The stipulation that no suit to recover under the policy should be brought after one year from the death of the insured is a limitation in conflict with the law, and will not be enforced. 70 Ark. 1; Kirby’s Digest, § 4380. See 6 Am. & Eng". Enc. Daw, 937 et seq. Remedial statutes are construed liberally to accomplish the object sought. Id., ’939. Statutes of limitation are purely remedial, and a fortiori are limitations in contracts. 18 Ark. 384; 21 Ark. 287; 56 Ark. 187. 2. By its letter denying liability under the policy, defendant…
1Opinion of the CourtBattre, J.
On the 22d day of October, 1898, the Union Central Life Insurance Company, in' consideration of the sum of $73.56 paid, and of that sum to be paid at the home office of the company on the 30th day of October of each year after that date, executed a policy of insurance upon the life of John A. Harbison for the sum of $2,000, to be paid to Millie Wells v.ithin sixty days after the receipt of notice and satisfactory proof of the death of Harbison. It was stipulated in the policy that the sum of $73.56 should be paid annually as a premium on the policy, that is to say, a premuim of $73.56 should…
2Cited by3 opinions
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- Illinois Bankers Life Assur. Co. v. CutlipSupreme Court of Oklahoma · 1935