FARMERS MUT. INS. CO. OF GENTRY v. LANE

No. 82-154.

643 S.W.2d 544 (1982)

278 Ark. 53

FARMERS MUTUAL INSURANCE COMPANY OF GENTRY, Arkansas, Appellant, v. Albert LANE and Carolyn Lane, Appellees.

Supreme Court of Arkansas.

December 20, 1982.


Attorney(s) appearing for the Case

J.L. Hendren, Bentonville, for appellant.

Sanford, Pate & Marschewski by Jon R. Sanford, Russellville, for appellees.


ADKISSON, Chief Justice.

The Pope County Circuit Court held on motion for summary judgment that appellant, Farmers Mutual Insurance Company, hereinafter Company, was liable to appellees, Albert and Carolyn Lane, for a statutory 12% penalty and attorneys' fees pursuant to Ark.Stat.Ann. § 66-3238 (Repl.1980). The trial court held the Company had failed to make timely payment, after demand, according to the terms of a fire insurance policy in which the appellees...

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