COM'L U. INS. CO. OF AMERICA v. HENSHALL

No. 76-387.

553 S.W.2d 274 (1977)

COMMERCIAL UNION INSURANCE COMPANY OF AMERICA, Appellant, v. Juanita T. HENSHALL and Steve Jaggars, Appellees.

Supreme Court of Arkansas, In Banc.

July 18, 1977.


Attorney(s) appearing for the Case

Plegge, Lowe & Whitmore, Little Rock, for appellant.

Smith, Williams, Friday, Eldredge & Clark by J. D. Watson, Little Rock, for appellees.


FOGLEMAN, Justice.

Appellees brought this declaratory judgment action to determine their insurer's duties, under a homeowner's policy, to defend a personal injury action on their behalf and to pay any damages that might ensue. The trial court held, after a hearing and consideration of stipulated facts, a deposition of appellees and certain exhibits, that appellant-insurance company had both a duty to defend and a duty to pay damages that may be recovered by the injured...

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