Hatley v. Payne

The appellants have filed a petition for rehearing in this case decided by a panel of this court on June 8,1988. See Hatley v. Payne, 25 Ark. App. 8, 751 S.W.2d 20 (1988). The full court has today denied the petition, but I do not agree.

In my view, the trial court’s granting of appellee’s motion for summary judgment should be reversed. My view is adequately explained by the following quotation from the appellants’ petition for rehearing:

Appellants’ cause of action is predicated upon the covenant to insure doctrine: “This court is committed to the doctrine that if a mortgagor covenants to…