Legal Opinion · Dissent

Campbell & Co. v. Utica Mutual Insurance

Court of Appeals of Arkansas

Decided November 27, 1991No. CA 90-492Published

1DissentMelvin Mayfield, Judge

I cannot agree to affirm the summary judgment granted by the trial court in this case. The judgment was granted upon matters of record which include the pleadings, depositions, answers to interrogatories and admissions, and affidavits. These matters include a number of exhibits which are also in the record.

Summary judgment is an extreme remedy and any proof submitted must be viewed most favorably to the party resisting the motion, and any doubts and inferences must be resolved against the moving party. Leigh Winham, Inc. v. Reynolds Ins. Agency, 279 Ark. 317, 651 S.W.2d 74 (1983). In Baggett…

2Cases cited10 opinions

  1. Zuckerman v. National Union Fire InsuranceSupreme Court of New Jersey · 1985
  2. SAFECO TITLE INSURANCE v. GannonCourt of Appeals of Washington · 1989
  3. Leigh Winham, Inc. v. Reynolds Insurance AgencySupreme Court of Arkansas · 1983
  4. Ferrell v. Columbia Mutual Casualty InsuranceSupreme Court of Arkansas · 1991
  5. American Home Assurance Co. v. IngeneriSupreme Judicial Court of Maine · 1984

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