Legal Opinion · Concurrence

Hurst v. Dixon

Supreme Court of Arkansas

Decided May 20, 2004No. 03-669Published

1ConcurrenceRay Thornton, Justice

I write to emphasize my stice, case should not be interpreted to allow a plaintiff to receive a double recovery under the Arkansas Insurance Guarantee Act. I agree that there is insufficient evidence in the record before us to determine whether it involves a “covered claim” under the Mississippi Insurance Guarantee Act, Miss. Code Ann. § 83-23-101 et seq. (1999) (“MIGA”), and whether the jury award is a double recovery absent a set-off of the amount already collected from various sources.

Double recovery is abhorrent to our laws. See Douglas v. Adams Trucking Co., Inc., 345 Ark. 203, 46 S.W.3d…

2Cases cited2 opinions

  1. Douglas v. Adams Trucking Co., Inc.Supreme Court of Arkansas · 2001
  2. Young v. BaileySupreme Court of Arkansas · 1988

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