Union Cent. Life Ins. v. Skipper

Citations

• 115 F. 69
• 52 C.C.A. 663
• 1902 U.S. App. LEXIS 4188

Syllabus

<p>1. Life Insurance — Action on Policy — Questions for Jury.</p> <p>Where both parties, without objection, called witnesses to express their opinions as experts, based on the facts shown, upon the question whether an insured committed suicide or was murdered, which opinions were conflicting, such testimony necessarily required the submission of the Issue to the jury, and its finding thereon Is conclusive.</p> <p>2. Same — Bond to Secure Payment of Losses — Arkansas Statute.</p> <p>The statute of Arkansas (Sand. & H. Dig. § 4124) requires all fire, life, and accident insurance companies doing business In the state to give a bond to the state, to be renewed annually, “conditioned for the prompt payment of all claims arising and accruing to any person during the term of said bond by virtue of any policy issued by any such company.” •Held, that the words “arising” and “accruing,” as used in such statute, mean the same thing; the one being explanatory of the other, and the intent being to say that the obligors in such bonds shall be liable to pay all losses that “arise or accrue” by reason of a loss, death, or injury which occurs during the term of the bond; and the fact that the loss did not become payable, under the terms of a life policy, until after the term of the bond in force when the death occurred had expired, did not relieve the obligors from such liability.</p> <p>8. Same — Action on Statutory Bond — Limitation.</p> <p>A provision of a life insurance policy that “no suit to recover under this policy shall be brought after one year from the death of the insured” applies only to an action on the policy itself, and cannot be extended to limit the time within which an action must be brought on a bond which the state, in the exercise of its undoubted powers, has required the company to give to secure the payment of claims under its policies as a condition to its doing business in the state, but an action on such bond is governed by the general statute of limitatio