Elam v. First Unum Life Insurance

In Elam v. First Unum Life Ins. Co., 72 Ark. App. 54, 32 S.W..3d 486 (2000), a three-judge panel of this court reversed the trial court’s grant of summary judgment in favor of First Unum Life Insurance Company upon the trial court’s finding that the term “mental illness,” as contained in a coverage limitation provision of a long-term-disability insurance policy, was not ambiguous. In its opinion, this court concluded that the trial court should not have granted summary judgment because the term “mental illness” is ambiguous, and because it is a fact issue, not a question of law, whether Mr.…