Corn v. Farmers Insurance Co.

CLIFF HOOFMAN,

Justice, dissenting.

I must respectfully dissent from the majority’s decision to affirm this case. I agree with the Corns that complete exhaustion of all tortfeasors’ liability-insurance policies should no longer be required after the enactment of the Civil Justice Reform Act of 2008 (CJRA) (Ark.Code Ann. §§ 16-55-101 et. seq.), which abolished joint and several liability. Our holding in Birchfield v. Nationwide Ins., 817 Ark. 38, 875 S.W.2d 502 (1994), was consistent with the purpose behind the underin-sured motorist (UIM) statute under the law in effect at that time because…