National Standard Insurance v. Westbrooks

W.H. “Dub” Arnold, Chief Justice.

Appellant National Standard Insurance Company appeals an order of the Crawford County Circuit Court assessing attorneys’ fees and a twelve-percent penalty for its failure to pay loss claims upon demand where the amount appellee Aubrey Westbrooks recovered at trial was not within twenty percent of the amount he demanded or sought in his suit as required by Ark Code Ann. § 23-27-208 (d) (Repl. 1992). We agree that the trial court erred in assessing statutory penalties and attorneys’ fees, and we reverse and remand.

Appellee’s Crawford County home was destroyed by…