Hutchins v. Globe Life Insurance
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court; J. M. Jackson, Judge; 1. The first annual premium was paid-. If not, the time was extended and the time was waived. Having elected to waive, the company is estopped afterward to claim a forfeiture. 49 Ark. 216; 37 Id. 47; 112 Id. 178; 67 Id. 588; 53 Id. 500; 150 S. W. 978; 129 Pac. 865. No notice of cancellation of policy was given. 72 Ark. 47. 2. Hutchins could neither read nor write.
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Appeal from Woodruff Circuit Court; J. M. Jackson, Judge; 1. The first annual premium was paid-. If not, the time was extended and the time was waived. Having elected to waive, the company is estopped afterward to claim a forfeiture. 49 Ark. 216; 37 Id. 47; 112 Id. 178; 67 Id. 588; 53 Id. 500; 150 S. W. 978; 129 Pac. 865. No notice of cancellation of policy was given. 72 Ark. 47. 2. Hutchins could neither read nor write. The examining physician wrote the answers, and he knew the facts. The knowledge of the agent was the knowledge of the principal and the company is estopped to claim a…
1Opinion of the CourtSmith, J.
This is a suit to collect a policy of insurance on the life of Charles H. Hutchins, who died February 4, 1914. The issuance and delivery of the policy by the company is admitted; but it denies any liability thereunder, for the reason, first, that the insured had failed to state that he was afflicted with epilepsy at the time of his examination for his insurance, and for the reason, second, that the insured failed to pay ■ his note given in payment of the first annual premium. At the conclusion of the evidence, the court directed a verdict in favor of the insurance company, and this appeal has…
2Cases cited9 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914
- Woodmen of the World v. HallSupreme Court of Arkansas · 1912
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3Cited by6 opinions
- United Assurance Ass'n v. FrederickSupreme Court of Arkansas · 1917
- Brotherhood of Railroad Trainmen v. LongSupreme Court of Arkansas · 1932
- National Union Fire Insurance v. WrightSupreme Court of Arkansas · 1924
- American Life & Accident Ass'n v. WaltonSupreme Court of Arkansas · 1918
- Kansas City Life Insurance v. RidoutSupreme Court of Arkansas · 1921
1 more not listed; retrieve them via the Exa API.