Supreme Court of Arkansas

Stephanie Riley v. State Farm Mutual Automobile Insurance Company — Hannah, J., Concurring

June 16, 20112011 Ark. LEXIS 246

Summary

Chief Justice Hannah concurred in reversing the circuit court but cautioned that the majority's language could incorrectly suggest that every subrogation dispute requires a trial. He explained that whether an insured was made whole may be resolved by agreement or, absent agreement, by litigation, and that State Farm asserted a contingent reimbursement claim rather than a lien. The concurrence would allow the parties to settle or litigate the amount of subrogation owed.