Supreme Court of Arkansas

Southern Pioneer Life Insurance Co. v. Danny Thomas and Irma Thomas

November 17, 20112011 Ark. LEXIS 573

Summary

The concurrence agrees that federal law does not displace Arkansas's restriction on arbitration in insurance disputes and that the federal three-part test is satisfied. It emphasizes that, once federal law yields, the Arkansas statute must be applied according to its plain language, which excludes any insured or beneficiary under any insurance policy from the statute's arbitration-enforcement provision. The concurrence would affirm the circuit court because the insurer could not compel arbitration indirectly through the retail-installment-sales contract.