Arkansas Insurance v. Luther
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is an áction to recover upon a fire insurance policy, dated November 1, 1905, in the sum of $1,500, issued to the plaintiff on his stock of ’ merchandise, store furniture and fixtures, valued at $2,500. The defendant set up as a defense a violation of the iron-safe clause of the policy.
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Appeal from Baxter Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is an áction to recover upon a fire insurance policy, dated November 1, 1905, in the sum of $1,500, issued to the plaintiff on his stock of ’ merchandise, store furniture and fixtures, valued at $2,500. The defendant set up as a defense a violation of the iron-safe clause of the policy. It was stated that plaintiff had agreed to keep his books and inventory, as well as the last inventory taken before the issuance of the policy, in a fire-proof safe, and to deliver the same to the company for examination after…
1Opinion of the Court
Hart, J.,
(after stating the facts.) It is admitted that the original inventory was destroyed by the fire, but it is claimed that the totals of each class of goods taken from that inventory and placed in the linen back book, as set out in the statement of facts, is a sufficient compliance with the iron-safe clause of a standard policy. We do not think so. The principle announced in the case of Arkansas Mutual Fire Ins. Co. v. Woolverton, 82 Ark. 476, is decisive of the question. In that case an inventory, properly itemized, was preserved until after the fire, and was exhibited to the adjuster…
2Cases cited1 opinion
- Arkansas Mutual Fire Insurance v. WoolvertonSupreme Court of Arkansas · 1907
3Cited by2 opinions
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
- Royal Insurance v. MorganSupreme Court of Arkansas · 1916