EMPLOYERS PROTECTIVE LIFE ASSURANCE CO. v. GATLIN

No. 5-4867.

437 S.W.2d 811 (1969)

EMPLOYERS PROTECTIVE LIFE ASSURANCE COMPANY, Appellant, v. William V. GATLIN, Appellee.

Supreme Court of Arkansas.

March 3, 1969.


Attorney(s) appearing for the Case

Eubanks & Hood, by Phillip K. Kinsey, Little Rock, for appellant.

Hardin & Rickard, Benton, for appellee.


GEORGE ROSE SMITH, Justice.

This action was brought by the appellee to recover $1,000 in benefits under a hospitalization policy which was applied for but never actually issued. The trial court, sitting as a jury, made a general finding of fact that a valid contract had in fact been agreed upon. This appeal is from the ensuing judgment for $1,000, plus penalty and attorney's fee. For reversal the insurer argues that the proposed agreement was never consummated.

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