Hicks v. Allstate Insurance

Steele Hays, Justice.

Arwood Hicks has appealed from an order of the trial court refusing to award an attorney’s fee pursuant to Ark. Code Ann. § 23-79-209(a)(1987). Hicks contends he was entitled to an attorney’s fee for defending a declaratory judgment action filed against him by Allstate Insurance Company, appellee. We sustain his contention and, accordingly, reverse and remand.

The only question we must decide is whether the declaratory judgment suit ended in a judgment against Allstate within the language of § 23-79-209(a). That provision of the code reads:(a) In all suits in which the…