Gafford v. Allstate Insurance Co.

I concur in the majority’s disposition but write separately because I would apply a different analysis to answer the certified question presented.

The certified question presents an issue of statutory construction. The two statutes at issue are first, Ark.Code Ann. § 23-79-208 under chapter seventy-nine, “Insurance Policies Generally,” sub-chapter two, “Suits Against Insurers.” Second, Ark.Code Ann. § 16-22-308 under chapter twenty-two, “Attorneys at Law,” sub-chapter three “Rights and Liabilities.”

Ark.Code Ann. § 23-79-208 provides in pertinent part:(a)(1) In all cases in which loss occurs…