St. Paul Fire & Marine Ins. Co. v. Central Sur. & Ins. Co., 5-2491
| Decision Date | 13 November 1961 |
| Docket Number | No. 5-2491,5-2491 |
| Parties | ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant, v. CENTRAL SURETY & INSURANCE COMPANY, Appellee. |
| Court | Arkansas Supreme Court |
Riddick Riffel, Little Rock, for appellant.
Cockrill, Laser & McGehee, Little Rock, for appellee.
Efford Freeman, Jr., an employee of Chessie's Garage, was accidentally killed on October 3, 1959. The appellant had issued a policy of workmen's compensation insurance to the employer and is prima facie liable for the death claim. The appellant contends, however, that a similar policy issued earlier by the appellee had not been effectively canceled before the accident and that the two insurance carriers should therefore be held jointly liable for the claim. Both the commission and the circuit court found that the appellee's policy had been canceled, so that the appellant was solely liable.
All the facts are stipulated. On May 8, 1959, the appellee's policy, effective for one year, was issued to the employer by Young Insurance Agency, at Osceola. On September 9, 1959, the same agency issued the appellant's policy to the employer, also effective for one year from its date of issue. On the latter date, September 9, Young and the employer signed a printed form reciting that the first policy was canceled, effective September 9. On that date Young also sent a request for cancellation to the appellee's general agent in Little Rock. Young did not at any time inform the general agent that the canceled policy had been replaced by a policy issued by another insurance carrier, the appellant.
On September 18 the general agent asked Young for a cancellation notice upon a different printed form and also informed Young that a fifteen-day notice of cancellation had to be given to the workmen's compensation commission. On September 19 Young and the employer executed the new form, again reciting that the cancellation was effective September 9. On September 22 the general agent, having received the new form, issued a notice of cancellation to the commission, stating that the policy 'has been returned to us for cancellation as of October 7, 1959.' The accident occurred on October 3, which was before the cancellation date specified in the general agent's letter to the commission.
The question turns upon this language in the statute: 'No contract or policy of insurance issued by a carrier under this act shall be canceled prior to the date specified in...
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