Ola Rose Gafford and Randy Gafford, Petitioners v. Allstate Insurance Company, Respondent

Summary

The court answered the certified question by holding that Arkansas Code Annotated section 23-79-208 provides the exclusive means for an insured to recover attorney’s fees in an action seeking payment for an insurance loss. Because section 23-79-208 specifically governs attorney’s fees in such cases and conditions recovery on the amount recovered, it falls within section 16-22-308’s exception for fees otherwise provided by law. Justice Baker concurred in the disposition but would have reached the same result through statutory ambiguity and legislative history.