Sherry Tomey v. Southern Farm Bureau Casualty Insurance Company, A…

Summary

The court answered a certified question affirmatively, holding that Arkansas's parental-immunity doctrine does not bar a direct action by an unemancipated minor against an insurer for underinsured-motorist benefits. It extended the existing exception for uninsured-motorist benefits because the policy reasons for distinguishing insurance-based claims from direct claims against a parent apply equally to underinsured coverage. The court declined to abrogate parental immunity generally and emphasized that future exceptions would be evaluated case by case.