Legal Opinion

Travelers Casualty & Surety Co. of America v. Cummins Mid-South, LLC

Court of Appeals of Arkansas

Decided April 15, 2015No. CV-14-592PublishedCited by 9 opinions

1Opinion of the CourtBart F. Virden, Judge

h Travelers Casualty and Surety Company of America (Travelers) and Tycor Industries LLC (Tycor) appeal the circuit court’s order for Tycor to pay Cummins Mid-South LLC (Cummins) $59,115.14 plus costs, interest, and attorney’s fees on the grounds that (1) the language of the lien release was ambiguous, (2) Cummins did not waive its right to recover on the bond, and (3) Tycor was unjustly enriched. This appeal follows.

On appeal, Tycor asserts that the terms of the release were unambiguous, and that Cummins waived its right to payment under the bond by signing the release. Additionally, Tycor…

2Cases cited15 opinions

  1. Elam v. First Unum Life InsuranceSupreme Court of Arkansas · 2001
  2. First National Bank of DeWitt v. CruthisSupreme Court of Arkansas · 2005
  3. Servewell Plumbing, LLC v. Summit Contractors, Inc.Supreme Court of Arkansas · 2005
  4. Wal-Mart Stores, Inc. v. CoughlinSupreme Court of Arkansas · 2007
  5. Lowell Perkins Agency, Inc. v. JacobsSupreme Court of Arkansas · 1971

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3Cited by9 opinions

  1. Hitt v. LyleCourt of Appeals of Arkansas · 2020
  2. The Acad., Inc. dba Haas Hall Acad. v. Paradigm Bldg., LLCCourt of Appeals of Arkansas · 2017
  3. Layman Lane, LLC v. Suburban Sewer Improvement District 239Court of Appeals of Arkansas · 2024
  4. Southern Farm Bureau Casualty Insurance Co. v. Shelter Mutual Insurance Co.Court of Appeals of Arkansas · 2016
  5. Victor Bernard Williams, M.D. v. Baptist Health D/B/A/ Baptist Health Medical CenterCourt of Appeals of Arkansas · 2019

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