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SMITH v. PRUDENTIAL PROPERTY & CAS. INS. CO.

No. 99-378.

10 S.W.3d 846 (2000)

340 Ark. 335

Charles E. SMITH, Appellant, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee.

Supreme Court of Arkansas.

February 10, 2000.

Attorney(s) appearing for the Case

Lyons, Emerson, & Cone, P.L.C., by: Scott Emerson, Jonesboro, for appellant.

Wright, Lindsey & Jennings, LLP, by: Patrick J. Goss, Little Rock, for appellee.

TOM GLAZE, Justice.

The court of appeals certified this case to us on the grounds that there is a perceived conflict in Arkansas insurance case law. The issue certified is whether, when an ambiguity exists in the terms of an insurance policy, that ambiguity is a question of law to be decided by the court or a question of fact for the fact-finder. Our court took jurisdiction under Ark. Sup.Ct. R. 1-2(b)(2) and (5) (1999)...

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