DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121352P.pdf 09/06/2013 Hortica-Florists' Mutual Ins. v. Pittman Nursery Corporation
U.S. Court of Appeals Case No: 12-1352
and No: 12-1434
U.S. District Court for the Western District of Arkansas - El Dorado
[PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Benton, Circuit
Judge]
Civil case - Insurance. The insured met Arkansas state law requirements
for the reimbursement of its attorneys' fees in connection with its
defense of a declaratory judgment action, and the district court erred in
failing to award it fees; on remand, the court should determine the proper
amount of fees owed the insured for defense of the action; insurer was
entitled to judgment as a matter of law on on insured's counter-claims for
bad faith and negligence; insurer was also entitled to judgment as a
matter of law on the insured's breach of contract, breach of fiduciary
duty and punitive damages claims; evidentiary challenges rejected.