Legal Opinion · Dissent

Hargraves v. Continental Assurance Co.

Supreme Court of Arkansas

Decided January 12, 1970No. 5-5055Published

1DissentJ'ohn A. Fogleman, Justice

I respectfully dissent. I feel that the majority has not only misconstrued the effect of the holding in Palmer v. Standard Life & Accident Ins. Co., 238 Ark. 585, 383 S. W. 2d 285, but has also ignored a cardinal rule of construction of insurance contracts. I also feel that the majority has misconstrued appellant’s argument relating to the application of the Palmer case. It treats the contention of appellant as though he were asserting that the rule there followed would be applicable to a “status of coverage.” I do not so interpret the argument, but submit that appellant correctly asserts…

2Cases cited9 opinions

  1. Blumenthal v. Berkshire Life-InsuranceMichigan Supreme Court · 1903
  2. Employees Mutual Liability Ins. v. Puryear Wood Products Co.Supreme Court of Arkansas · 1969
  3. Union Bankers Ins. Co. v. National Bank of CommerceSupreme Court of Arkansas · 1966
  4. State Farm Mutual Auto Ins. v. BakerSupreme Court of Arkansas · 1965
  5. Blais v. StateSupreme Court of Arkansas · 1910

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