Old Republic Ins. Co. v. Alexander

Appellant seeks reversal of a decree refusing rescission of an accident insurance policy issued by it to appellee and granting
judgment in favor of appellee for the accidental loss of a foot. Determination of the appeal depends on the propriety of the
chancellor's finding that recovery was not barred by any misrepresentation, concealment or omissions by appellee. We find
no reversible error in the chancellor's decree. Appellee Alexander applied for the policy of accident indemnity insurance in October 1966. He suffered the loss of his left
leg below the knee by reason of an accidental gunshot would to the left foot in December 1966. When a claim was asserted,
appellant instituted this action for rescission of the contract on the grounds that issuance of the policy was based on misrepresentation,
misstatement and omission of facts in the application therefor. Appellee counterclaimed for benefits [245 Ark Page 1031]
for loss of a limb as a result of an accidental gunshot wound.