STATE HIGHWAY COM'N v. UNION INDEM. INS.

No. 87-348.

748 S.W.2d 338 (1988)

295 Ark. 273

ARKANSAS STATE HIGHWAY COMMISSION, et al., Appellants, v. UNION INDEMNITY INSURANCE COMPANY OF NEW YORK, a New York Company, and Robert M. Eubanks III, Insurance Commissioner, State of Arkansas, Appellees.

Supreme Court of Arkansas.

April 25, 1988.


Attorney(s) appearing for the Case

Robert L. Wilson, Maria L. Schecetzke, Ted Goodloe, Thomas B. Keys, Little Rock, for appellants.

Jack East III, Little Rock, for appellees.


HICKMAN, Justice.

The question in this case is whether the Arkansas State Highway Department, and a materialman who supplied material to a highway job, have a claim against the Arkansas Property and Casualty Insurance Guaranty Fund when the claim arose after the insurance company that issued the surety bond on the job had been declared insolvent. The trial court held that under Arkansas law the appellants did not have a claim, and we agree.

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