Legal Opinion · Dissent

Employers Mutual Liability Insurance v. Farm Bureau Mutual Insurance

Supreme Court of Arkansas

Decided April 4, 1977No. 76-110Published

1Dissent

James C. Luker, Special Justice,

dissenting.

The question before us is the interpretation to be placed upon the words “the insured” as used in exclusion (d) of Farm Bureau’s policy, which exclusion provides that there is no coverage for “bodily injury to any employee of the insured (Emphasis added)

Lengthy annotations at 50 ALR 2d 78 (1956) and 48 ALR 3d 13 (1973) report decisions from State and Federal Courts in over thirty states. As the majority opinion points out, these Courts are “in hopeless conflict”. Two United States District Courts have been called upon to anticipate what Arkansas…

2Cases cited4 opinions

  1. Aetna Life Insurance Co. v. SpencerSupreme Court of Arkansas · 1930
  2. American Fidelity & Casualty Company, Inc. v. St. Paul-Mercury Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1957
  3. Curran v. Security Insurance CompanyDistrict Court, W.D. Arkansas · 1961
  4. Employers Mutual Liability Insurance v. Houston Fire & Casualty InsuranceDistrict Court, W.D. Louisiana · 1961

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