Allstate Insurance v. Redman Homes, Inc.

Jack Holt, Jr., Chief Justice.

This case involves the interpretation of Ark. R. Civ. P. 12(b)(8), which is a defense to an action based on the pendency of another action between the same parties arising out of the same transaction or occurrence.

The appellant, Allstate Insurance Company (Allstate), insured the mobile home of Kenneth and Cheryl Bankston and its contents. The appellee, Redman Homes, Inc. (Redman), manufactured and distributed the Bankstons’ mobile home, which was destroyed by fire on January 23,1986. Allstate subsequently paid $25,195.00 to the Bankstons for their loss.

On June…