FARM BUR. MUT. INC. CO. OF ARKANSAS v. SHAW

No. CA 80-31.

600 S.W.2d 432 (1980)

FARM BUREAU MUTUAL INSURANCE COMPANY OF ARKANSAS, Appellant, v. Bruce L. SHAW, Appellee.

Court of Appeals of Arkansas.

June 11, 1980.


Attorney(s) appearing for the Case

Hodges, Hodges & Hodges, by David Hodges, Newport, for appellant.

Harkey, Walmsley & Belew, by John M. Belew, Batesville, for appellee.


Released for Publication by the Court of Appeals.

NEWBERN, Judge.

The circuit court held that a 12% penalty and the appellee's attorney's fee were to be paid by the appellant pursuant to Ark.Stat. Ann., § 66-3238 (Repl.1966). The main question with which we are presented is whether an insured may be entitled to the statutory penalty and attorney's fee if the insurer has paid the claim to the insured for payment. The appellant has raised subsidiary...

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