Category archive: Arkansas

Material Misrepresentations Voiding Policy Bars Bad Faith Claim

Summary: The insureds filed suit against their insurer for breach of contract and bad faith after their insurer denied their claim for a stolen boat and trailer. On appeal, the court held the policy was void due to a material misrepresentation on the application. Because there was no policy in force, there was no claim…

Arkansas Supreme Court: Third Party Excess Liability Claim Lies Only in Tort

Summary:  Ethel Nelson’s car struck Mary Busby on June 10, 1964 after Busby stepped onto the street. Nelson had an automobile insurance policy from Tri-State Insurance Company with a policy limit of $10,000. Busby made two settlement offers within the policy limits, but Tri-State refused both. At trial, the jury apportioned fault between Busby and…

Summary Judgment Appropriate Absent Affirmative Misconduct to Support a Bad Faith Finding

Summary:  Metropolitan Property & Casualty Insurance Company (Metropolitan) denied Calvin’s residential fire loss claim contending the policy was void because of material misrepresentations on the application and in the claims process. Metropolitan also claimed that it was an arson fire for which Calvin was responsible. Calvin counterclaimed alleging breach of contract, slander, tort of outrage,…


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