EMPLOYERS INS. v. DIDION MID-SOUTH CORP.

No. CA 98-444.

987 S.W.2d 745 (1999)

65 Ark.App. 201

EMPLOYERS INSURANCE OF WAUSAU, Appellant, v. DIDION MID-SOUTH CORPORATION, Appellee.

Court of Appeals of Arkansas, Division II.

March 3, 1999.


Attorney(s) appearing for the Case

Roger A. Glasgow, Troy A. Price, Judy Robinson Wilber, Little Rock, for appellant.

David D. Stills, Everett, Fayetteville, for appellee.


JOSEPHINE LINKER HART, Judge.

Employers Insurance of Wausau appeals from a jury verdict in favor of appellee, Didion Mid-South Corporation, finding that appellant breached its fiduciary duty to appellee and assessing damages of $200,000. against appellant. For reversal, appellant contends as follows:

1. As a matter of law, no fiduciary duty may be imposed on contracting parties where the fiduciary duty is contrary to the terms of their contract; and,

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