Federal Union Surety Co. v. Flemister
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. On the 4th day of December, 1907, J. A. Flemister filed a complaint in the Pulaski Chancery Court, in which he alleged in substance that the defendant, National Mutual Fire Insurance Company, of Omaha, Nebraska, a corporation organized and incorporated under the laws of Nebraska, had been engaged in the business of general fire insurance in this. State.
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. On the 4th day of December, 1907, J. A. Flemister filed a complaint in the Pulaski Chancery Court, in which he alleged in substance that the defendant, National Mutual Fire Insurance Company, of Omaha, Nebraska, a corporation organized and incorporated under the laws of Nebraska, had been engaged in the business of general fire insurance in this. State. That, before engaging in business here, it had filed a bond as required by law with the Federal Union Surety Company of Indianapolis, Indiana, as…
1Opinion
ON REHEARING,
Hart, J.
Appellees (claimants for fire lpsses) have filed a motion for rehearing on the ground that the court erred in not allowing each of them an attorney’s fee.
The claim is based upon the statute of Arkansas enacted at its 1905 session, which is as follows:
“In all cases where loss occurs, and the fire, life, health or accident insurance company liable therefor shall fail to pay the same within the time specified in the policy, after demand made therefor, such company shall be liable to the holder of such policy, in addition to- the amount of loss, twelve per cent, damages upon…
2Cases cited9 opinions
- Van Valkenburgh v. . Lenox Fire Ins. Co.New York Court of Appeals · 1873
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- Broadnax v. . BakerSupreme Court of North Carolina · 1886
- Kansas City Southern Railway Co. v. MarxSupreme Court of Arkansas · 1904
- Mississippi Railroad Commission v. Gulp & Ship Island RailroadMississippi Supreme Court · 1901
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