GIST v. AETNA CAS. & SUR. CO.

Civ. No. 86-2014.

641 F.Supp. 539 (1986)

Frank D. GIST v. The AETNA CASUALTY AND SURETY COMPANY and Leo Boozman, Jr.

United States District Court, W.D. Arkansas, Fort Smith Division.

August 7, 1986.


Attorney(s) appearing for the Case

Charles Karr, Martin, Vater & Karr, Fort Smith, Ark., for plaintiff.

Dan F. Bufford, Laser, Sharp & Mayes, P.A., Little Rock, Ark., Douglas O. Smith, Jr., Warner & Smith, Fort Smith, Ark., for defendant.


MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

On September 15, 1984, defendant Boozman, an insurance agent, wrote a "Business Owner's Deluxe Policy" for plaintiff, naming First National Bank of Fort Smith (FNBFS) as the loss payee; the policy was placed with Aetna. On October 4, 1985, a fire occurred at plaintiff's business resulting in the type of loss covered by the policy. Defendant Aetna has failed and refused to pay plaintiff for his loss...

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