Medical Liability Mutual Insurance v. Alan Curtis Enterprises, Inc.

Tom Glaze, Justice.

The court accepted certification of a single question of Arkansas law submitted by the United States District Court for the Eastern District of Arkansas under Ark. Sup. Ct. R. 6-8, asking this court to address the following question: after the federal court granted an insurer a declaratory judgment that the insurer owed the insured no duty to defend or pay any judgment that resulted from claims asserted in a lawsuit against the insured, may the insurer rely on its reservation of rights letter to recoup its attorney’s fees and costs it expended in defense of the lawsuit?

The…