AMERICAN FIDELITY, ETC. v. BUILDERS, ETC.

No. 81-24.

613 S.W.2d 379 (1981)

AMERICAN FIDELITY FIRE INSURANCE COMPANY, Appellant, v. BUILDERS UNITED CONSTRUCTION, INC. et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied April 20, 1981.


Attorney(s) appearing for the Case

Napper, Wood, Hardin, Grace, Downing & Allen, P.A., North Little Rock, for appellant.

Erwin L. Davis, Fayetteville, and Lisle & Watkins, Springdale, for appellees.


PURTLE, Justice.

Appellant filed a suit against appellees to recover money paid on appellees' behalf while acting as surety for them on a construction contract. Appellant issued its policies without the signature of a valid agent as required by Ark.Stat.Ann. § 66-2221 (Repl.1980). Appellees' motion for summary judgment was granted on the grounds that contracts in violation of a statute are void even though not expressly declared so. The court further held that...

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