Legal Opinion

FARM BUR. MUT. INC. CO. OF ARKANSAS v. Shaw

Court of Appeals of Arkansas

Decided June 11, 1980No. CA 80-31PublishedCited by 15 opinions

1Opinion of the Court

David Newbern, Judge.

The circuit court held that a 12% penalty and the appellee’s attorney’s fee were to be paid by the appellant pursuant to Ark. Stat. Ann. § 66-3238 (Repl. 1966). The main question with which we are presented is whether an insured may be entitled to the statutory penalty and attorney’s fee if the insurer has paid the claim to the insured for payment. The appellant has raised subsidiary questions which will also be addressed. We hold in favor of the appellee because the statute applies regardless whether the late payment is made to the insured or insured’s mortgagee.

On…

2Cases cited8 opinions

  1. Metropolitan Life Insurance Company v. ShaneSupreme Court of Arkansas · 1911
  2. Equitable Life Assurance Society of the United States v. RummellSupreme Court of Arkansas · 1974
  3. Federal Life & Casualty Co. v. WeyerSupreme Court of Arkansas · 1965
  4. Phoenix Insurance v. FleenorSupreme Court of Arkansas · 1912
  5. Clark Center, Inc. v. National Life & Accident InsuranceSupreme Court of Arkansas · 1968

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Farm Bureau Mutual Insurance v. FooteSupreme Court of Arkansas · 2000
  2. Patricia Jackson v. Allstate Insurance CompanyCourt of Appeals for the Eighth Circuit · 2015
  3. R.J. "Bob" Jones Excavating Contractor, Inc. v. Firemen's Insurance Co. of Newark, New JerseySupreme Court of Arkansas · 1996
  4. Rose Nell McKee v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Eighth Circuit · 1991
  5. State Farm Mut. Auto. Ins. Co. v. BrownCourt of Appeals of Arkansas · 1995

10 more not listed; retrieve them via the Exa API.

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