Medical Liability Mutual Insurance Co. v. Alan Curtis Enterprises, Inc., 371 Ark. 240

Summary

The Arkansas Supreme Court accepts certification from the United States District Court for the Eastern District of Arkansas concerning whether an insurer may recoup defense costs, including attorney's fees, after obtaining a declaratory judgment that it had no further duty to defend or indemnify its insured. The per curiam order establishes briefing and procedural requirements for addressing the certified question.

Holdings

1. The court accepted certification of the question of Arkansas law presented by the United States District Court for the Eastern District of Arkansas.

Questions Presented

1. Whether to accept certification of the question whether an insurer may recoup defense costs, including attorney fees, after a declaratory judgment determines that it has no further duty to defend or pay a judgment arising from claims against its insured.

Disposition

other