Kealy v. Lumbermen's Mutual Ins. Co‪.‬

On January 26, 1963 a fire destroyed or damaged a building belonging to the A & A Produce Company (hereafter referred to as ""company""), causing the destruction of personal property belonging to Pete Kealy, Glen Scott and Harry Lane (appellants herein). Later appellants recovered a judgment against the company in the sum of $1,786.45 for loss of the personal property. It is undisputed that The Lumbermen's Mutual Insurance Company (appellee herein) had issued an insurance policy to the company covering the loss. When the company failed to pay the said judgment appellant filed a direct action against appellee. Upon trial in circuit court the judge granted summary judgment in favor of appellee on the ground that appellants had not given "". . . any notice to the defendant insurance company [239 Ark Page 767] within the twenty (20) days statutory time to plead."" The trial court also found that a ""substantial compliance"" with the terms of the policy is not sufficient.