Supreme Court of Arkansas

Shelter Mutual Insurance Company, Appellant v. Michael Goodner and Robbie Goodner, Appellees — Wood, J., Dissenting

December 10, 20152015 Ark. LEXIS 658

Summary

This dissent argues that the precedent addressing undefined actual cash value does not control a policy that expressly defines actual cash value and depreciation. It further concludes that depreciation of labor under that policy does not violate Arkansas public policy because the parties were free to select less expensive, narrower coverage and no statute prohibits the term. The dissent therefore rejects the majority's reliance on the precedent and its decision to invalidate the policy provision.