{ "id": 1421763, "name": "Supreme Forest Woodmen Circle v. Sneed", "name_abbreviation": "Supreme Forest Woodmen Circle v. Sneed", "decision_date": "1935-01-07", "docket_number": "4-3646", "first_page": "112", "last_page": "116", "citations": [ { "type": "official", "cite": "190 Ark. 112" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "25 S. W. (2d) 10", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "181 Ark. 213", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8719834 ], "opinion_index": 0, "case_paths": [ "/ark/181/0213-01" ] }, { "cite": "3 S. W. (2d) 46", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "176 Ark. 361", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1399877 ], "opinion_index": 0, "case_paths": [ "/ark/176/0361-01" ] }, { "cite": "299 S. W. 366", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "175 Ark. 359", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1403590 ], "opinion_index": 0, "case_paths": [ "/ark/175/0359-01" ] }, { "cite": "291 S. W. 82", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "172 Ark. 958", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1407810 ], "opinion_index": 0, "case_paths": [ "/ark/172/0958-01" ] } ], "analysis": { "cardinality": 400, "char_count": 6841, "ocr_confidence": 0.487, "pagerank": { "raw": 1.2240919645422112e-07, "percentile": 0.6005448580206799 }, "sha256": "4c4df51511b06e4688c5e4dfce6727e8081bb56fbd498953e649c4698023d1e1", "simhash": "1:9485472810b2ab83", "word_count": 1134 }, "last_updated": "2023-07-14T23:00:44.353149+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Supreme Forest Woodmen Circle v. Sneed." ], "opinions": [ { "text": "Humphreys, J.\nThis suit was brought by appellee against appellant in the circuit court of Van Bur\u00e9n County upon two benefit certificates for $500 each, one of which was issued to her on June 16, 1931, and the other issued to her on the 29th day of August, 1931, each of Avliieli provided for payment of $250 to her in case she should become totally and permanently disabled by bodily injury or disease that Avould prevent her from performing any work or engaging in any occupation or employment in case such disability occurred after twelve months of membership in appellant\u2019s fraternal organization Avithout suspension and while the certificates were in full force and effect.\nThe complaint alleged total and permanent disability to appellee caused by disease in June, 1933, more than twelve months after the certificates were issued to her and while same were in full force and effect, and while she was not in default of payment of any monthly payment or contribution.\nAppellant filed an ansAver denying appellee had become totally and permanently disabled on account of disease, and alleged as an affirmative defense that it issued the certificates upon her representation and warranty that her answers to questions in her applications for the certificates Avere true; whereas they were false, and that, if she had ansAA\u2019ered the questions truthfully, the certificates would not haA^e been issued to her.\nThe cause was submitted to the court sitting as a jury by consent of the parties upon the pleadings and testimony adduced, resulting in a judgment in favor of appellee for $500, from which is this appeal.\nWe deem it unnecessary to set out the testimony of the several witnesses relative to the condition of appellee at the time she presented her claim to appellant on account of total and permanent disability from disease. Suffice it to say that all of the testimony tends to show that appellee is suffering from a disability caused by disease Avhich is incurable and which will prevent her from ever working.\nIt is also unnecessary to set out the testimony relative to her state of health at the time she applied for the insurance and when the certificates were delivered to her. Suffice it to say in this particular that she was enjoying good health at that time and able to work in a hotel and feed and milk cows and deliver milk around town.\nThe testimony responsive to the alleged issue of fraud as reflected in the record is conflicting, and is in substance as follows:\nC. Y. Douglas, who ivas appellant\u2019s agent to solicit insurance, testified, that he propounded, among others, the following questions to appellee when he took her applications:\n\u201cHave you ever had or been treated for cancer or tumor?\n\u201cHave you ever had any surgical operation?\n\u201cHave you ever been under any restriction of diet or any medical or other treatment or observation of any kind within one year, for any purpose?\n\u201cHaim you ever received or applied for any treatment at any hospital, dispensary, sanatorium or other institution?\n\u201cHaim you within the past five years had medical advice for any disease or disorder or injury?\n\u201cHave you within the past five years suffered any mental or bodily disease or infirmity?\n\u201cHave you within the past five years consulted or been attended by a physician for any disease or injury or undergone any surgical operation?\n\u201cHave you ever been under observation, care or treatment of any hospital, sanatorium, asylum, or similar institution?\n\u201cHave you ever been treated for any disease of the generative organs ? \u2019 \u2019\nThat she answered said questions in the negative, and that he filled out the written applications for the certificates, which contained these questions, in keeping Avith her answers, and that she signed the applications as Avritien by him.\nAppellee and her mother, avIio Avas present Avheu the first application Avas made, testified that all the questions were ansAvered in the affirmative; and appellee testified that she answered the same questions contained in the second application in the affirmative also. Both testified that when C. Y. Douglas heard her affirmative ansAvers explaining her illnesses and operations in the past, he said that Avould make no difference as she liad recovered and was able to work, and that was all the company required; that appellee stated to C. Y. Douglas who the physicians were who attended and operated upon her prior to the applications; that appellee signed the applications on the last page without reading them under the belief that C. V. Douglas had written affirmative answers to each of the questions propounded io her relative to her illnesses and operations in the past.\nOut of this conflicting testimony, the court, sitting as a jury, found that \u2018 \u2018 appellee answered fully and truthfully all the questions asked her by appellant\u2019s agent and solicitor, C. V. Douglas, when he took her application in June, 1931, for the original benefit certificate and also when he took her application in August, 1931, for the additional benefit certificate; that appellant\u2019s agent, C. Y. Douglas, filled in the applications after the appellee had made full, complete, and truthful statements to him of her condition and history; that appellee signed the applications without reading them and without knowing that correct answers had not been written; that appellee truthfully answered all questions asked her on her medical examination, and that she was not guilty of any fraud, or false representations, or fraudulent concealment in the procurement of either of said benefit certificates; and that appellant has wholly failed to establish fraud on the part of the insured.\u201d\nThis finding is based upon substantial evidence and cannot be disturbed by this court on appeal.\nUnder the well-established rule in this State, knowledge of the agent of the insurer obtained while performing the duties of his agency in receiving applications and delivering policies as to the state of the insured\u2019s health is imputed to the insurer, and, if such knowledge would vitiate the contract in its inception according to the terms thereof, such knowledge constitutes a waiver of the provisions of the contract inconsistent with the known facts. American National Insurance Co. v. Hale, 172 Ark. 958, 291 S. W. 82. The facts found by the court in the instant case, based upon substantial testimony, bring it within this rule and the rule announced in the cases of Old Colony Life Insurance Company v. Julian, 175 Ark. 359, 299 S. W. 366; Old Colony Life Insurance Company v. Fetzer, 176 Ark. 361, 3 S. W. (2d) 46; Mid Continent Life Insurance Company v. Parker, 181 Ark. 213, 25 S. W. (2d) 10.\nNo error appearing, the judgment is affirmed.", "type": "majority", "author": "Humphreys, J." } ], "attorneys": [ "M. E. Vinson, for appellant.", "Garner Fraser, for appellee." ], "corrections": "", "head_matter": "Supreme Forest Woodmen Circle v. Sneed.\n4-3646\nOpinion delivered January 7, 1935.\nM. E. Vinson, for appellant.\nGarner Fraser, for appellee." }, "file_name": "0112-01", "first_page_order": 130, "last_page_order": 134 }