Andree Layton Roaf

“ Failure to pay on time will end coverage. If your policy does expire and you send a later payment of the required premium, we may reinstate at our option, as of the date and time the payment is received. A new policy period is then established.
The only notice Farm Bureau sent to Parker prior to cancellation of his policy was the following "Billing Notice," sent twenty-seven days before his quarterly installment payment was due:
It is time to make your quarterly premium payment on your auto policy. ”

“ If the additional premium or Farm Bureau dues remained unpaid twelve days after the due date, they were mailed a notice advising them that the policy would be cancelled in ten days if the additional payment was not received. Thus, the second category of policyholders received the statutory ten-day notice of cancellation, and in effect, twenty-two days after the due date to pay the premium and avoid cancellation of the policy, while Parker and policy holders similarly situated received no notice prior to cancellation. ”

“ Moreover, there is nothing in Parker's abstract to indicate that he even asserted a claim for violation of the notice provisions prior to the filing of his complaint. In fact, the memoranda which the trial court excluded from discovery reflect that Parker's position in settlement discussions with Farm Bureau as late as May, 1994, was that he had paid the premium before the cancellation of the policy.
[7, 8] The tort of bad faith cannot arise merely from the denial of a claim, without some affirmative misconduct. See Arkansas Mun. League Mun. Health Ben. ”

“ Heslip, 309 Ark. 319, 832 S.W.2d 463 (1992) , this court affirmed a $19,500 fee on a $36,000 award pursuant to Ark. Code Ann. § 23-79-208. The court outlined the following factors as relevant in the determination of the fee: 1) experience and ability of the attorney; 2) time and labor required to perform the service properly; 3) amount involved and the result obtained in the case; 4) novelty and difficulty of the issues involved; 5) the fee customarily charged for similar services in the locality; 6) whether the fee is fixed or contingent ”

“ Fund, 285 Ark. 419, 688 S.W.2d 720 (1985) . It is also well-established that a cause of action must exist and be complete at the time the action is commenced. Elston v. Wilborn, 208 Ark. 377, 186 S.W.2d 662 (1945) . ”