Home Life & Accident Co. v. Compton
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Bene H. Coleman, Judge; The policy was never delivered to the insured while he was living’, and the court erred in refusing to direct a verdict.
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Appeal from Independence Circuit Court; Bene H. Coleman, Judge; The policy was never delivered to the insured while he was living’, and the court erred in refusing to direct a verdict. The delivery of the policy by Carter to the wife of the insured was a delivery of the policy, and the judgment is right. 52 S. W. 959; 85 Ark. 169. The manual possession of a policy of life insurance by the insured or some one for him makes a prima facie case. 66 Ark. 612; 87 Id. 70. The cases cited by appellant are not in point. The policy was delivered to insured’s wife as he was directed to do. The insured…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Independence Circuit Court to recover $2,000, as beneficiary of a policy of life insurance issued by appellant on the life of her husband, Thos. S. Compton, Jr.
Appellee filed answer, pleading nonliability on the alleged ground that the policy was not delivered to the insured during his lifetime and while in good health, and, for that reason, under the terms of the policy, was an incomplete contract.
The cause was heard upon the pleadings and evidence, at the conclusion of which each party requested a peremptory instruction in his favor. The…
2Cases cited2 opinions
- National Life Ass'n v. SpeerSupreme Court of Arkansas · 1914
- Missouri State Life Insurance v. BurtonSupreme Court of Arkansas · 1917