West & Co. of La., Inc. v. Sykes

Conley Byrd, Justice.

The issue here is whether appellant West & Co. of Louisiana, Inc. by furnishing to its employees a group hospital and surgical benefit plan is transacting the business of insurance contrary to the provisions of Acts 1959, No. 148, Ark. Stat. Ann. § 66-2001 et seq. The trial court held in favor of appellee, A. Gene Sykes, Insurance Commissioner, State of Arkansas and enjoined appellant from “assuming and agreeing to pay, and paying out of its own funds, all or any portion of such benefits” until it had complied with the Arkansas Insurance Code.

Appellee concedes that the…