Legal Opinion · Dissent

Farm Bureau Mutual Ins. Co. of Ark., Inc. v. Mitchell

Supreme Court of Arkansas

Decided October 12, 1970No. 5-5313Published

1DissentJ. Fred Jones, Justice

I do not agree with the majority opinion in this case. The appellee’s right to recover attorney’s fees and penalty in this case depends on considerably more, in my opinion, than whether the uninsured motorist coverage under appel-lee’s policy is casualty insurance.

Ark. Stat. Ann. § 66-4003 (Repl. 1966) is as follows:

“No automobile liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this State with respect to any motor vehicle registered or principally garaged in this State unless coverage…

2Cases cited7 opinions

  1. Firemen's Insurance v. DiskinCalifornia Court of Appeal · 1967
  2. Peacock & Peacock, Inc. v. Stuyvesant Insurance CompanyCourt of Appeals for the Eighth Circuit · 1964
  3. State Farm Mutual Automobile Insurance Co. v. PenningtonDistrict Court, E.D. Arkansas · 1963
  4. Hickey v. Insurance Company of North AmericaDistrict Court, E.D. Tennessee · 1965
  5. Sun Life Assur. Co. of Canada v. CokerSupreme Court of Arkansas · 1933

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