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U.S. FIDELITY & GUAR. v. A & A MASONRY

No. 97-1388.

991 S.W.2d 111 (1999)

337 Ark. 366

UNITED STATES FIDELITY & GUARANTY COMPANY et al., Appellants, v. A & A MASONRY, INC., et al., Appellee.

Supreme Court of Arkansas.

April 29, 1999.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, LLP, by: David M. Powell; David A. Grace, Little Rock; and Faegre & Benson, LLP, by: Patrick J. O'Connor, Jr., and James J. Hartnett, IV, Minneapolis, MN, for appellant.

Francis Morris Finley; and Rose Law Firm, by: James H. Druff, Little Rock, for appellee Umphers Construction Company, Inc.

Jones, Jackson & Moll, PLC, by: Mark A. Moll, Fort Smith; and Rose Law Firm, by: James H. Druff, Little Rock, for appellee Northwest Fire Protection, Inc.

Laser, Wilson Bufford & Watts, P.A., by: Sam Laser and Brian A. Brown, Little Rock, for appellees Ray & Sons Masonry Contractors and Franklin & Son, Inc.

Matthews, Sanders & Sayes, by: Margaret M. Newton, Little Rock, for appellee John Smith, Jr.

LAVENSKI R. SMITH, Justice.

This is a case of first impression. It involves a trial court's application of a legal concept described by appellees as "jurisdictional unavailability." Appellants, United States Fidelity & Guaranty Company ("USF&G") and Northern Insurance Company of New York ("Northern"), contend that this "doctrine" should not bar their indemnification actions against appellees in Arkansas state courts. We agree and reverse.

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