{
  "id": 1428378,
  "name": "Continental Casualty Company v. Toler",
  "name_abbreviation": "Continental Casualty Co. v. Toler",
  "decision_date": "1933-11-13",
  "docket_number": "4-3246",
  "first_page": "139",
  "last_page": "142",
  "citations": [
    {
      "type": "official",
      "cite": "188 Ark. 139"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "101 Fed. 846",
      "category": "reporters:federal",
      "reporter": "F.",
      "case_ids": [
        3830727
      ],
      "opinion_index": 0,
      "case_paths": [
        "/f/101/0846-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 178,
    "char_count": 2261,
    "ocr_confidence": 0.479,
    "pagerank": {
      "raw": 1.1391104518307419e-07,
      "percentile": 0.5780159383809635
    },
    "sha256": "6e9dac2d1710eeec2cdbff3b5657c10e64a60ef91c7b6f79a0b35831a56fb686",
    "simhash": "1:5b010c434858217c",
    "word_count": 377
  },
  "last_updated": "2023-07-14T22:44:11.517500+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Smith and Butler, JJ., dissent."
    ],
    "parties": [
      "Continental Casualty Company v. Toler."
    ],
    "opinions": [
      {
        "text": "Kirby, J.,\n(after stating the facts)-. Petitioner insists that the action of the circuit court in overruling the motion to quash service of summons and retaining jurisdiction of the suit of Floyd against it was erroneous. .\nWe do not agree with this contention, however, holding that insured was entitled to maintain the action filed against the petitioner in the circuit court of . Grant County, Arkansas, the county of the residence of insured under the pro-visions of the statute, \u00a7\u00a7 6150-51, Crawford & Moses\u2019 Digest, as amended by \u00a7 5 of act 493 of 1921; \u00a7 5975e, Castle\u2019s Supp., 1927, to Crawford & Moses\u2019 Digest.\nThe policy of insurance sued on was a policy of insurance on the life of a human being, as well as a policy of accident insurance within the meaning of said statute, \u00a7\u00a7 6150-51, Crawford & Moses\u2019 Digest, etc., which expressly allows the beneficiary or his assigns to maintain an action against the insurance company that has taken the risk in the county of the residence of the party whose life was insured, or to maintain an action against such accident insurance company that had taken the risk in the county of the residence of the party insured or in the county where the accident occurred, and that a service upon the Insurance Commissioner as prescribed by law returnable to the court having jurisdiction under this statute shall be good service. Travelers\u2019 Protective Ass\u2019n v. Gilbert, 101 Fed. 846.\nThe venue statutes relate to both life and accident insurance, and the fact the policy is one providing indemnity against loss of life by accident as well as accidental injury can make no difference whether it be considered one or two policies, since the statutes expressly provide where the suit should be brought in either case, and an action for insurance against injury by disease in the same policy necessarily takes the same venue.\nThe court did not err in so holding and in overruling the motion to quash service and in retaining jurisdiction; and the petition will be denied. It is so ordered.\nSmith and Butler, JJ., dissent.",
        "type": "majority",
        "author": "Kirby, J.,"
      }
    ],
    "attorneys": [
      "Cockrill, Armistead & Rector, for petitioner.",
      "John L. McClellan, Sam T. & Tom Poe and McDonald Poe, for respondents."
    ],
    "corrections": "",
    "head_matter": "Continental Casualty Company v. Toler.\n4-3246\nOpinion delivered November 13, 1933.\nCockrill, Armistead & Rector, for petitioner.\nJohn L. McClellan, Sam T. & Tom Poe and McDonald Poe, for respondents."
  },
  "file_name": "0139-01",
  "first_page_order": 157,
  "last_page_order": 160
}