DAIRYLAND INS. CO. v. CARTER

No. 77-14.

551 S.W.2d 211 (1977)

DAIRYLAND INSURANCE COMPANY, Appellant, v. Louise W. CARTER, Appellee.

Supreme Court of Arkansas, Division 2.

June 6, 1977.


Attorney(s) appearing for the Case

George L. McWilliams, Donald W. Capshaw, of Hubbard, Patton, Peek, Haltom & Roberts, Texarkana, Tex., for appellant.

Karlton H. Kemp, Jr., of Williams & Kemp, Texarkana, for appellee.


PER CURIAM.

Appellant contends that the trial court erred in granting judgment in favor of appellee based on appellant's waiver of, or estoppel to assert, the right to avoid or forfeit an insurance policy because appellee failed to plead waiver or estoppel as an affirmative ground for relief; in concluding as a matter of law that a payment by appellee prior to a loss by her was sufficient to keep the policy in force; and in awarding $1,000 as reasonable attorney's...

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