Legal Opinion · Dissent

Holcomb v. Farmers Insurance Exchange

Supreme Court of Arkansas

Decided May 21, 1973No. 73-20Published

1DissentJohn A. Fogleman, Justice

My reasons dissenting in this case of first impression are First, I regret to see this court align itself with a pitifully small minority in deciding such a case. Second, I think that the decision either reads something into the uninsured motorist act that is not there, or reads something out of it that is there. While I probably would not dissent in the absence of those reasons, I feel further urged to do so because the court’s decision leaves Arkansas in the absurd position, as appellants point out, of requiring the automobile liability carrier to offer insurance providing persons insured…

2Cases cited35 opinions

  1. Mullis v. State Farm Mutual Automobile Insurance Co.Supreme Court of Florida · 1971
  2. Bryant v. State Farm Mutual Automobile InsuranceSupreme Court of Virginia · 1965
  3. Booth v. Fireman's Fund Insurance CompanySupreme Court of Louisiana · 1968
  4. Elledge v. WarrenLouisiana Court of Appeal · 1972
  5. Barnes v. PowellIllinois Supreme Court · 1971

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