Des Moines Life Insurance v. Clay
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Edward I. Winñeld, judge; 1. The answers to questions as to diseases, etc., had were not strictly and literally true, and there was a breach of the warranty. 58 Ark. 540; 62 D. R. A. 774; 72 Ark. 623; 84 Id. 59; 25 Cyc. 811; 82 Ark. 402; 20 Fed. 482; 3 Joyce on Ins. § 1970; May on Ins. § 156. 2. The answers were not true as to abstaining from intoxicating liquors, and the policy is void. 74 Ark. 1, 295; 122 W. S. 501; 86 S.…
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Appeal from Pulaski Circuit Court, Second Division; Edward I. Winñeld, judge; 1. The answers to questions as to diseases, etc., had were not strictly and literally true, and there was a breach of the warranty. 58 Ark. 540; 62 D. R. A. 774; 72 Ark. 623; 84 Id. 59; 25 Cyc. 811; 82 Ark. 402; 20 Fed. 482; 3 Joyce on Ins. § 1970; May on Ins. § 156. 2. The answers were not true as to abstaining from intoxicating liquors, and the policy is void. 74 Ark. 1, 295; 122 W. S. 501; 86 S. W. 522. 3. Furthermore, the insured had been drunk within three years. 74 Ark. 1; 20 Fed. 482. 4. The court erred in…
1Opinion of the CourtMcCurroch, J.
This is an action upon an insurance policy issued by appellant company on the life of one Vinson. The ’ policy was issued on July 23, 1903, and Vinson died December 12, 1906. It was issued on an application containing answers to questions propounded by the company’s medical examiner, the truth of which was. warranted.
The answer of .appellant assigns breaches of the warranty of the truth of 'certain answers of the insured, and each will be discussed in the order in which they appear.
The first series of questions, the answers to which are alleged to be untrue, all relate to the use of…
2Cases cited4 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- Mutual Reserve Fund Life Ass'n v. FarmerSupreme Court of Arkansas · 1898
- Mutual Reserve Fund Life Ass'n v. CotterSupreme Court of Arkansas · 1906
3Cited by10 opinions
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Gaddy v. State Board of Registration for the Healing ArtsMissouri Court of Appeals · 1965
- Woodmen of the World Life Insurance Society v. ReeseSupreme Court of Arkansas · 1943
- Brotherhood of Railroad Trainmen v. LongSupreme Court of Arkansas · 1932
- Harris v. BushSupreme Court of Arkansas · 1917
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