Supreme Court of Arkansas
Opal Corn and L.b. Corn, Appellants v. Farmers Insurance Co., Inc., Appellee — Hoofman, J., Dissenting
November 7, 20132013 Ark. LEXIS 526
Summary
Justice Hoofman dissented from the majority's decision to affirm summary judgment for Farmers. The dissent would hold that, after the abolition of joint and several liability, an insured need not exhaust every tortfeasor's liability policy before obtaining underinsured-motorist benefits; instead, each tortfeasor's coverage limit should be compared separately with the damages attributable to that tortfeasor. The dissent concludes that the circuit court's grant of summary judgment should be reversed.