{
  "id": 1672736,
  "name": "ST. PAUL FIRE & MARINE INSURANCE COMPANY v. Ruby NICHOLSON",
  "name_abbreviation": "St. Paul Fire & Marine Insurance v. Nicholson",
  "decision_date": "1978-06-19",
  "docket_number": "78-17",
  "first_page": "694",
  "last_page": "696",
  "citations": [
    {
      "type": "official",
      "cite": "263 Ark. 694"
    },
    {
      "type": "parallel",
      "cite": "567 S.W.2d 107"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
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    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
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    {
      "cite": "236 Ark. 558",
      "category": "reporters:state",
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      "year": 1963,
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    {
      "cite": "362 S.W. 2d 900",
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      "reporter": "S.W.2d",
      "case_ids": [
        10178536,
        1700231
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        "/ark/230/0494-01"
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    {
      "cite": "230 Ark. 494",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1700231
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      "year": 1959,
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    {
      "cite": "253 Ark. 464",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1627318
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      "weight": 2,
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/ark/253/0464-01"
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  "analysis": {
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    "word_count": 566
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  "last_updated": "2023-07-14T19:12:30.639178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "We agree: Harris, C.J., and Hickman and Howard, JJ."
    ],
    "parties": [
      "ST. PAUL FIRE & MARINE INSURANCE COMPANY v. Ruby NICHOLSON"
    ],
    "opinions": [
      {
        "text": "Conley Byrd, Justice.\nFollowing our decision in Nicholson et al v. Shipp et al, 253 Ark. 464, 486 S.W. 2d 691 (1972), holding that the deed prepared by Josephine Huett did not create an estate by the entirety, appellee Ruby Nicholson filed suit against Josephine Huett and the Morrilton-Conway County Abstract Company seeking damages for the alleged negligence of Josephine Huett in preparation of the deed. Josephine Huett brought in appellant St. Paul Fire & Marine Insurance Company (hereinafter referred to as: St. Paul) asking for judgment over against St. Paul who had issued an errors and omission policy to the abstract company, Huett\u2019s employer. St. Paul admitted the errors and omission policy and that Josephine Huett was an employee of the abstract company. However, St. Paul defended the claim on the basis of an exclusion in the policy that provided:\n\u201cThis Policy does not apply: ... to the ownership, maintenance, use or repair of any property, or the conduct of any business enterprise other than abstracting services. ...\u201d\nThe record shows that appellee went to the abstract company to get the deed prepared, that the deed was prepared by Josephine Huett at the request of appellee, and that appellee paid the $10 fee which the abstract company charged for the preparation of the deed. The evidence on behalf of appellee showed that abstract companies in Conway County regularly prepared real estate deeds for a fee in the same manner that Josephine Huett prepared the deed for appellee. The trial court denied St. Paul\u2019s motion for a directed verdict. The jury returned a verdict in favor of appellee upon which a judgment was entered for $5500, the agreed damages. Only St. Paul has appealed.\nIn Beach Abstract & Guaranty Co. v. Bar Ass\u2019n of Ark., 230 Ark. 494, 362 S.W. 2d 900 (1959), we held that title examination and curative work, including the preparation of deeds, when done for another, constituted the practice of law and entered a declaratory decree to the effect that such conduct on the part of an abstract company constituted the illegal practice of law. While the results of Beach Abstract & Guaranty Co. v. Bar Ass\u2019n of Ark., supra, were modified with respect to the preparation of deeds without a fee which arise in connection with and in the usual course of the abstractor\u2019s business by Creekmore v. Izard, 236 Ark. 558, 367 S.W. 2d 419 (1963), we there held that the preparation of a deed by Creekmore for a fee clearly constituted the unlawful practice of law.\nIn view of Creekmore v. Izard, supra, and Beach Abstract & Guaranty Co. v. Bar Ass\u2019n of Ark., supra, we clearly have before us the question of whether Josephine Huett in preparing the deed for appellee was engaged in \u201cthe conduct of any business enterprise other than abstracting services. . . . ?\u201d Since it clearly appears that Josephine Huett was engaged in the practice of law in the preparation of the deed, we have concluded, that coverage under the errors and omission policy was excluded. It follows that the trial court erred in not directing a verdict in favor of St. Paul.\nReversed and dismissed as to St. Paul.\nWe agree: Harris, C.J., and Hickman and Howard, JJ.",
        "type": "majority",
        "author": "Conley Byrd, Justice."
      }
    ],
    "attorneys": [
      "Wright, Lindsey & Jennings, for appellant.",
      "Joe Cambiano and Robert E. Irwin, for appellee."
    ],
    "corrections": "",
    "head_matter": "ST. PAUL FIRE & MARINE INSURANCE COMPANY v. Ruby NICHOLSON\n78-17\n567 S.W. 2d 107\nOpinion delivered June 19, 1978\n(Division II)\nWright, Lindsey & Jennings, for appellant.\nJoe Cambiano and Robert E. Irwin, for appellee."
  },
  "file_name": "0694-01",
  "first_page_order": 726,
  "last_page_order": 728
}