Smith v. U. S. F. & G. Co.

Carleton Harris, Chief Justice.

The issue in this case is whether Wayne Smith, appellant herein, is entitled to statutory penalty and attorneys’ fees, after recovering $2,462.10 from, appellee, United States Fidelity and Guaranty Company.

Appellant is a building contractor, and, during the construction of a gymnasium for the Smackover School District, carried a policy, together with endorsement, with appellee company, which insured him against certain losses arising from said construction. While the building was in the process of being constructed, a roofing joist, or joists, fell, which caused…