Med. Liab. Mut. Ins. v. Alan Curtis LLC, 8th Cir. Mar. 10, 2008
07-2061 Medical Liability Mutual Insur v. Alan Curtis LLC
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Murphy, Author, with Loken, Chief Judge, and Jarvey,
District Judge]
Civil case - Insurance. If presented with the question, the Arkansas
Supreme Court would determine that the three-year limitations period set
out in Ark. Code 16-56-105 would apply to actions under the Arkansas
Long Term Care Residents Rights Act; the district court did not err in
applying this limitations period or in determining that the Insurer had no
duty to indemnify defendants; district court did not err in determining that
the only claim in the underlying lawsuit covered under the insured’s
policy is the Redden estate’s breach of contract claims against
Evergreene, that the insurer had a duty to defend and indemnify
Evergreene on that claim and therefore had a duty to defend it on all of
the estate’s claims against it. Judge Jarvey, dissenting.
