Felton v. Rebsamen Medical Center, Inc.

I respectfully dissent. Felton is being punished for complying with the law. When confronted with the law in Scamardo v. Jaggers, 356 Ark. 236, 149 S.W.3d 311 (2004), which held that a medical insurer was no longer subject to a direct action under Ark. Code Ann. § 23-79-210 (Repl. 2004), Felton voluntarily nonsuited the insurer. Had Felton refused to voluntarily nonsuit, it is possible that Low v. Insurance Co. of North America, 364 Ark. 427, 220 S.W.3d 670 (2005), which overruled Scamardo, might have interceded and saved his action against the insurer before a motion to dismiss was brought…