M. F. A. Mut. Ins. Co. v. Wallace
| Citation | 245 Ark. 230,431 S.W.2d 742 |
| Decision Date | 23 September 1968 |
| Docket Number | No. 5--4606,5--4606 |
| Parties | M. F. A. MUTUAL INS. CO., Appellant, v. Arnell J. WALLACE, Special Administrator, Appellee. |
| Court | Arkansas Supreme Court |
Wright, Lindsey & Jennings, Little Rock, for appellant.
Hall & Tucker, and John F. Lovell, Jr., Benton, for appellee.
Appellant, MFA Mutual Insurance Company, issued simultaneously to Arnell J. Wallace its two separate automobile liability policies, one being policy No. 3--1--876871--001 on a 1962 Pontiac automobile, and the other No. 3--1--876871--002 on a 1960 Buick automobile. Both policies contained uninsured motorist coverage in the amount of $10,000. Mary Ann Wallace, an insured under the policies, was injured in an uninsured automobile owned by Jerry W. Franklin resulting in her death. Her medical bills exceeded $12,000. After suit was filed but prior to trial MFA paid the $10,000 under the uninsured motorist coverage on policy No. 2, but denied liability on the other policy because of the 'other insurance clause.' The trial court held that the 'other insurance clause' was contrary to Ark.Stat.Ann. § 66--4003 (Repl.1966) and awarded judgment against MFA for $10,000 on policy No. 1 in favor of Arnell J. Wallace, Special Administrator of the Estate of Mary Ann Wallace, deceased.
The 'other insurance clause' in MFA's policy provides:
Ark.Stat.Ann. § 66--4003 provides:
'No automobile liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this State with respect to any motor vehicle registered or principally garaged in this State unless coverage is provided therein or supplemental thereto, in not less than limits described in section 27 of Act 347 of 1953 (§ 75--1427), as amended, under provisions filed with and approved by the Insurance Commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided, however, that the coverage required under this section shall not be applicable where any insured named in the policy shall reject the coverage.'
Section 27 of Act 347 of 1953 as amended (Ark.Stat.Ann. § 75--1427 (Supp.19...
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