{
  "id": 1748078,
  "name": "TWIN CITY CORPORATION, d/b/a TWIN CITY AGENCY v. Clifford RIGGINS, d/b/a RIGGINS TRUCKING",
  "name_abbreviation": "Twin City Corp. v. Riggins",
  "decision_date": "1983-02-21",
  "docket_number": "82-206",
  "first_page": "411",
  "last_page": "414",
  "citations": [
    {
      "type": "official",
      "cite": "278 Ark. 411"
    },
    {
      "type": "parallel",
      "cite": "646 S.W.2d 10"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "262 S.W. 330",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "year": 1924,
      "opinion_index": 0
    },
    {
      "cite": "164 Ark. 507",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1382141
      ],
      "year": 1924,
      "opinion_index": 0,
      "case_paths": [
        "/ark/164/0507-01"
      ]
    }
  ],
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    "simhash": "1:936e2116262e18cb",
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  "last_updated": "2023-07-14T21:48:23.352095+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "TWIN CITY CORPORATION, d/b/a TWIN CITY AGENCY v. Clifford RIGGINS, d/b/a RIGGINS TRUCKING"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThe appellee, Riggins Trucking, is a contract carrier that formerly obtained its insurance from the appellant, Twin City Agency, a local agent for various insurance companies. In 1976 one of Riggins\u2019s trucks, leased for the trip to Willis Shaw Frozen Express, was in an accident in which Shaw\u2019s cargo was destroyed. Riggins\u2019s cargo insurance had been placed by Twin City Agency with Northwestern National Insurance Company, but Northwestern denied liability for the loss.\nRiggins paid Shaw the amount of the loss, $32,190.84, and sued Twin City for that sum, asserting that Twin City had been negligent in failing to carry out Riggins\u2019s instructions to arrange with Northwestern to have Shaw named as an additional insured in the policy. Twin City\u2019s liability for negligence was the only issue submitted to the jury, whose verdict was for Riggins in the amount sought. Our jurisdiction of the appeal is under Rule 29 (1) (o).\nAt the trial all the testimony was directed to the issue of Twin City\u2019s asserted negligence, but Twin City moved for a directed verdict on a different ground, that the loss was actually covered by Northwestern\u2019s policy. The denial of that motion is the basis for Twin City\u2019s principal argument for reversal.\nThere are at least two reasons why Twin City was not entitled to a directed verdict. First, paragraph 7 of the complaint alleged that after the loss Twin City had told Riggins that the loss was not covered by the policy because Shaw had not been added as a named insured. Paragraph 8 alleged that if Shaw had been added, Riggins would have been liable only for the $500 deductible amount. Twin City\u2019s answer specifically admitted the allegations of both paragraphs, but asserted that the request for the added coverage was not timely. Hence the pleadings admitted that Riggins had coverage if the request was timely, and there was proof that it was. An issue of fact was presented.\nSecond, Mr. Riggins testified that his company was authorized to carry exempt commodities only, which he described as \"produce, chickens, and certain things.\u201d To carry regulated commodities he had to haul them \"through somebody like Willis Shaw.\u201d That was evidently the arrangement at the time of the accident, for there was proof that Shaw issued the bill of lading and that the cargo was frozen foods owned by Stouffer Foods Corporation. The policy, however, was evidently limited to exempt commodities, for it covered Riggins\u2019s liability only for the loss of \u201clawful goods and merchandise consisting principally of poultry, produce, candy, boxed meat, janitorial supplies, patented medicine.\u201d Hence it cannot be said as a matter of law that Riggins had any insurance protection in excess of $500 for the loss suffered. The motion for a directed verdict was correctly denied.\nTwin City\u2019s other two arguments fail, for essentially the same reason. Since the court\u2019s action in refusing to direct a verdict was correct, it is immaterial that a wrong reason may have been given. Carolus v. Ark. Light & Power Co., 164 Ark. 507, 262 S.W. 330 (1924). On the same point, when the trial judge refused to direct a verdict at the close of the plaintiff\u2019s case, he also denied defense counsel\u2019s request that he be permitted to argue the matter of coverage to the jury. That ruling was right, because, as we have seen, under the pleadings and testimony the existence of coverage turned upon the timeliness of Riggins\u2019s request and Twin City\u2019s possible negligence in honoring it. Counsel were free to argue those issues.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Friday, Eldredge \u00bfr Clark, by: William M. Griffin, HI, for appellant.",
      "Hankins, Capps, Hicks & Madden, by: Harold W. Madden, for appellee."
    ],
    "corrections": "",
    "head_matter": "TWIN CITY CORPORATION, d/b/a TWIN CITY AGENCY v. Clifford RIGGINS, d/b/a RIGGINS TRUCKING\n82-206\n646 S.W.2d 10\nSupreme Court of Arkansas\nOpinion delivered February 21, 1983\nFriday, Eldredge \u00bfr Clark, by: William M. Griffin, HI, for appellant.\nHankins, Capps, Hicks & Madden, by: Harold W. Madden, for appellee."
  },
  "file_name": "0411-01",
  "first_page_order": 441,
  "last_page_order": 444
}