ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
ALL-TECH MACHINE & TOOL, INC.
SIMMONS FOODS, INC. and
MAY 30, 2007
APPEAL FROM THE CRAWFORD
COUNTY CIRCUIT COURT
HONORABLE GARY R. COTTRELL,
AFFIRMED ON DIRECT APPEAL;
AFFIRMED ON CROSS APPEAL
Appellant All-Tech Machine & Tool, Inc., brings this appeal challenging the circuit
court’s directed verdict on its breach-of-contract and negligence claims against appellee
Hanover Insurance. All-Tech also appeals the trial court’s decision regarding the amount of
attorney’s fees that cross-appellant Simmons Foods, Inc., was ordered to pay All-Tech. On
cross-appeal, Simmons raises issues regarding the timeliness of All-Tech’s request for
attorney’s fees, as well as the trial court’s grant of prejudgment interest to All-Tech. We affirm
on both direct appeal and on cross-appeal.
This appeal has its genesis in a fire that occurred at a Simmons plant in October 2002.
The fire is believed to have started when one of All-Tech’s welders ignited cork insulation
inside one of the walls. Simmons asserted that the fire caused $2.6 million in damages and
made a claim for that amount on All-Tech’s liability policy with Hanover. Hanover investigated
the claim and eventually settled the claim for the policy limits, $1 million, in August 2003. In
connection with the settlement of the claim, Simmons executed a “Settlement Release and
Indemnity Agreement.” The agreement contained the following language:
1. All-Tech, upon receipt of [$1 million by Simmons], immediately shall be
released, acquitted, and discharged by [Simmons], together with All-Tech’s . . .
insurers, including, but not limited to, [Hanover] from all claims, demands, charges,
costs and causes of action of whatever nature, and from all liability and damages of any
kind, known or unknown, of [Simmons] arising out of the [fire]. . . .
2. By executing this release Simmons does not waive, and