OLD AMERICAN LIFE INS. CO. v. HARVEY

No. 5-4246.

415 S.W.2d 66 (1967)

242 Ark. 720

OLD AMERICAN LIFE INS. CO., Appellant, v. Lucy HARVEY, an Incompetent, by Herbert H. Harvey, her son & next friend, Appellee.

Supreme Court of Arkansas.

May 29, 1967.


Attorney(s) appearing for the Case

R. D. Rouse, Prescott, for appellant.

Tompkins, McKenzie, McRae & Harrell, Prescott, for appellee.


FOGLEMAN, Justice.

The only real issue here is the entitlement of appellee to recover penalty and attorney's fees from appellant.

Appellee brought suits against appellant on two insurance policies covering hospital, medical and other benefits. The two suits were consolidated for trial before the court, a jury trial having been waived. The policies were originally issued by other companies but appellant had assumed all obligation on both policies before any...

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