McCLELLAN v. BROWN

No. 82-44.

632 S.W.2d 406 (1982)

Don McCLELLAN, D/B/A McClellan Agency, Appellant, v. Michael BROWN, D/B/A Brown Railroad Construction Company, Appellee.

Supreme Court of Arkansas.

Rehearing Denied June 1, 1982.


Attorney(s) appearing for the Case

The Strother Firm by Lane H. Strother and Judith C. Strother, Mountain Home, for appellant.

Henry J. Osterloh, Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

For a year or two the plaintiff Brown, engaged in a construction business, obtained his various types of insurance through the defendant McClellan's insurance agency. On April 21, 1978, Brown paid McClellan $1,856 for worker's compensation coverage on Brown's employees, but McClellan failed to obtain the necessary policies, though he represented to Brown that he had done so. As a result of the omission Brown was compelled to pay $17,120...

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