Legal Opinion · Concurrence
Insurance From CNA v. Keene Corp.
Supreme Court of Arkansas
Decided October 19, 1992No. 92-00121Published
1ConcurrenceDavid Newbern, Justice
The majority opinion is correct. I agree with all of it, and I write only to make clear that the problem here was caused by the erroneous determination that Ms. Kossman was not the real party in interest.
The real party in interest is the one who can discharge the claim. Gladden v. Bucy, 299 Ark. 523, 722 S.W.2d 612 (1989); House v. Long, 244 Ark. 718, 426 S.W.2d 814 (1968). That was Ms. Kossman. Summerhill v. Shannon, 235 Ark. 617, 361 S.W.2d 271 (1962).
2Cases cited4 opinions
- Gladden v. BucySupreme Court of Arkansas · 1989
- House v. LongSupreme Court of Arkansas · 1968
- United States Fidelity & Guaranty Co. v. HillMissouri Court of Appeals · 1986
- Summerhill v. ShannonSupreme Court of Arkansas · 1962