Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: Arkansas

Breach of notification provision, failure to give insurance company prompt notice voids coverage — 8th Circuit, Arkansas

Posted in Contractual Liability
In American Railcar Industries v. Hartford Insurance Company, Tedder, American Railcar’s employee, was hurt while on a break at work.  Tedder sought workers compensation coverage for the claim, which was eventually denied by the Arkansas Workers’ Compensation Commission.  Then, Tedder filed a civil tort action against American Railcar (ARI) in federal court. ARI did not… Continue Reading

Habitation or vacancy clause in homeowner’s policy conditions section is an exclusion — Arkansas

Posted in Contractual Liability
In Farm Bureau v. Davenport, 2017 Ark. App. 207, Davenport had 2 houses, one in Michigan and one in Arkansas.  While at the Michigan house, the Arkansas house was broken into and set on fire.  Farm Bureau denied the claim because the house was unoccupied when the house was destroyed. One of the policy conditions,… Continue Reading

Summary judgment on governmental immunity properly denied where City did not provide proof of no insurance — Arkansas

Posted in immunity
In City of Little Rock v. Yang, Yang sued the City for mishandling a 911 call.  City claimed immunity. But City did not offer evidence it had no insurance.  Governmental immunity is only available under Arkansas law if there is no insurance.  Also, if the claim exceeds the insurance limits, there is immunity.  The denial… Continue Reading

Future promises do not constitute fraud and construction damages are subject to the Arkansas Statute of Repose; 8th Cir, Arkansas

Posted in Contractual Liability
Star City School Dist. v. ACI Bldg. Sys., L.L.C., arose from a construction contract dispute between Star City School District and a roofing manufacturer. Star City alleged the manufacturer failed to repair a roof. Judgment for the manufacturer was proper because Star City failed to properly allege reliance and the manufacturer’s future promise to repair… Continue Reading

Misrepresentation on application voids policy, 8th Circuit, Arkansas

Posted in Contractual Liability
In Nationwide Property and Casualty v. Faircloth, Faircloth applied for auto insurance on line.  When asked for the “primary use” of the vehicle, Faircloth chose Work/School (commute to/from, errands).  After Faircloth had an accident, Nationwide learned that Faircloth used the vehicle for deliveries, putting 1200 miles a week on it.  Nationwide said Faircloth should have… Continue Reading

Non Signatory Defendants can compel Arbitration — 8th Circuit Arkansas

Posted in New Case
In Robinson v. EOR-ARK, LLC, the Eighth Circuit said that a non-signatory defendant may enforce an arbitration agreement signed by the plaintiff’s decedent.  Recently, Missouri held that a wrongful death action was not preempted by an arbitration clause and the heirs were not bound by the arbitration agreement signed by the decedent. Under Arkansas law,… Continue Reading

Arkansas nixes proposed constitutional amendment limiting contingency fees and non economic damages based on bad title

Posted in New Case, Proposed Legislation
In Wilson v. Martin, 2016 Ark. 334, the Arkansas Supreme Court found that a proposed ballot title was insufficient, and thus, the proposed constitutional amendment which would limit non economic damages and attorneys fees in medical negligence actions would not be properly before the voters.  The proposed constitutional amendment would have limited attorneys fees in… Continue Reading

Underground water exclusion in homeowners policy unambiguous; 8th Circuit (Arkansas law)

Posted in Insurance Bad Faith, New Case
In Bull v. Nationwide Mutual Fire Insurance Company, Bull sued Nationwide when it failed to pay for damages caused by water that leaked from a buried pipe located beneath the garage-floor slab of Bull’s home. Summary judgment to Nationwide was affirmed on appeal.  Bull’s policy contained an exclusion for loss caused by “water … below… Continue Reading

Uninsured Motor vehicle doesn’t have to include government vehicles 8th Cir, Ark law (unpublished)

Posted in New Case
In American Alternative Insurance Corporation v Williams,Williams was injured while riding as a passenger in an ambulance when it got hit by a city bus.  Williams got a $475,000 judgment against the bus company, which paid its limits of $25,000. When he made demand for underinsured motorist coverage, his insurer, American, said there wasn’t any… Continue Reading

Depreciation of labor in the calculation of actual cash value is against Arkansas public policy

Posted in Contractual Liability, New Case
In Shelter Insurance Company v. Goodner, 2015 Ark. 460, the Arkansas Supreme Court affirmed summary judgment in favor of the insureds that the  depreciation of labor in the calculation of actual cash value is against Arkansas public policy. Shelter insured the Goodner’s mobile home. In the event of a covered loss, Shelter would pay the… Continue Reading

Misrepresentations in application voids insurance policy, Arkansas law

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Farr v. American National Property and Casualty,  2015 Ark. App. 534, Farr and Holmes insured a boat and trailer with American National (ANPAC).  They later claimed the boat and trailer were stolen.  ANPAC denied coverage for the loss and rescinded the policy after discovering that Warren and Debbie were not the owners of the… Continue Reading

Arkansas statute of repose

Posted in Uncategorized
In Platinum Peaks, Inc., v. Bradford, the court held that Arkansas’ statute of repose (Arkansas Code Annotated section 16-56-112 (Repl. 2005)) did not bar a property damage claim made more than 4 years after substantial completion.  The statute only barred tort claims for personal injury, not property damage.  Thus, property damage resulting from a landslide… Continue Reading

No bad faith where there was evidence the insured caused the fire and lied to the insurance company, 8th Circuit, Arkansas law

Posted in Contractual Liability, Insurance Bad Faith, Mortgage, New Case
In Jackson v. Allstate, the Eighth Circuit affirmed a trial court judgment in favor of Allstate on a breach of contract / bad faith claim.  Jackson’s house was damaged in an arson fire.  Allstate denied the claim based on the intentional acts exclusion and the material misrepresentation exclusion. Allstate’s motion for partial summary judgment was… Continue Reading

General attorneys fees statute does not apply to action on insurance policy — Arkansas law

Posted in Contractual Liability, New Case
In Gafford v. Allstate Insurance Company, 2015 Ark. 110, the insureds were the prevailing party in a lawsuit filed after their rental house was damaged by fire.  But the insureds recovered less than 80% of what they claimed was owed.  So they sought attorneys fees under Arkansas’ general attorneys fee statute, 16-22-308 rather than the… Continue Reading

No duty to defend; assault and battery exclusion unambiguous and listed on the declarations page Ark law

Posted in Contractual Liability, Duty to Defend, New Case
In George v. Great Lakes Reinsurance, 2015 Ark App 36, a gunman fired into a crowd at a party room owned by George.  George was sued, and told Great Lakes to defend him.  Great Lakes defended him under a reservation of rights, and filed a declaratory judgment action (dec action) to determine the rights and… Continue Reading

Arkansas uses significant contacts to determine UM choice of law

Posted in New Case, Vehicle
In Hoosier v. Interinsurance Exchange of the Automobile Club, 2014 Ark. 524, the insureds got their policy in California, then moved to Texas.  A new declarations page was issued showing the change of residence to Texas.  The insureds were in an accident in Arkansas.  After settling with the tortfeasors, the insureds sought UM (uninsured motorist) coverage.… Continue Reading