Legal Opinion · Dissent

American Accident &Life Ins. v. American Pioneer Life Ins.

Supreme Court of Arkansas

Decided October 13, 1969No. 5-4954Published

1DissentJohn A. Fogleman, Justice

I share the views expressed by the Chief Justice. The contract involved was clearly one giving a controlling or preemptive right to an agency manager to produce substantially all insurance business for the insurer.

I feel that I should express my views on the means by which the majority reach a result permitting recovery under this contract. If the statute in question were designed only for protection of insurance companies, I would not feel so alarmed by a result which leads to its easy circumvention. Obviously, this statute was designed not only to protect uninformed investors but, more…

2Cases cited12 opinions

  1. Trist v. ChildSupreme Court of the United States · 1875
  2. Hazelton v. SheckellsSupreme Court of the United States · 1906
  3. Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
  4. Smith v. DandridgeSupreme Court of Arkansas · 1911
  5. Forrest City v. OrgillSupreme Court of Arkansas · 1908

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