[DOWNLOAD] "Life & Casualty Ins. Co. of Tenn. v. Wiggins" by Supreme Court of Arkansas # eBook PDF Kindle ePub Free
eBook details
- Title: Life & Casualty Ins. Co. of Tenn. v. Wiggins
- Author : Supreme Court of Arkansas
- Release Date : January 13, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is an appeal from a judgment for 12% penalty amounting to $120, and $150 allowed as attorney's fee in a suit on a $1,000
policy of life insurance. The insured died on August 28, 1953; proof of death was furnished to the insurance company on October
12, 1953. Liability was denied October 22, and suit was filed on November 18. A motion to make the complaint more definite
and certain was filed January 19, 1954, and an amended and substituted answer was filed February 1, 1954. The record does
not contain the original answer nor is there any showing as to when it was filed or the contents thereof. The amended and
substituted answer admitted that the defendant insurance company was indebted to the plaintiff for the face amount of the
policy, $1,000, and the defendant paid this amount into court but alleged that it had in good faith originally denied liability
under the mistaken belief that the policy was not in force, and for this reason appellant contends that no penalty and attorney's
fee should be allowed. According to the records in the home office of the insurance company, the policy had lapsed on the Monday preceding the Friday
that the insured died; but the records were not correct. The policyholder had not been given credit for one payment of a weekly
premium which extended the policy beyond the date of death.