Commercial Standard Insurance v. Coffman

John A. Fogleman, Justice.

I respectfully dissent. I feel that the majority has either ignored or eliminated a clause from the policy of insurance on which this action was brought. This clause is quoted in the majority opinion, in part. Another clause makes full compliance with the terms of the policy a condition precedent to an action upon it.

The parties had a right to iuelude this clause in the contract. Presumably, the form of the policy has been approved by the insurance commissioner. See Ark. Stat. Ann. § 66-3209.

There is no reason why such a clause is against public policy. It does not…