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AMERICAN REPUBLIC LIFE INSURANCE CO. v. CLAYBOUGH

No. 5-1287.

302 S.W.2d 545 (1957)

AMERICAN REPUBLIC LIFE INSURANCE COMPANY, Appellant, v. R. B. CLAYBOUGH, Appellee.

Supreme Court of Arkansas.

June 3, 1957.

Attorney(s) appearing for the Case

Talley & Owen, by Robert L. Rogers II, Little Rock, for appellant.

L. A. Hardin, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

This is an action by the appellee to recover all premiums paid upon a policy of health and accident insurance issued in 1944 by American Republic Insurance Company and later assumed by the appellant. It is the plaintiff's theory that the insurer repudiated its contract by wrongfully declaring a cancellation in 1955. Mutual Relief Ass'n v. Ray, 173 Ark. 9, 292 S.W. 396. The insurer insists that the policy lapsed for nonpayment of a quarterly...

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