GAMMILL v. PROVIDENT LIFE & ACC. INS. CO.

No. 00-1354.

55 S.W.3d 763 (2001)

346 Ark. 161

Todd D. GAMMILL, M.D., v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY.

Supreme Court of Arkansas.

October 4, 2001.


Attorney(s) appearing for the Case

Law Office of Warren P. Gammill, by: Warren P. Gammill; Ralph C. Ohm; and Quattlebaum, Grooms, Tull & Burrow, PLLC, by: Leon Holmes, for appellant.

Friday, Eldredge & Clark, by: John Dewey Watson and Robert S. Shafer, for appellee.


TOM GLAZE, Justice.

This case presents us with the opportunity to clarify the law as it pertains to "total disability" clauses in insurance policies. At issue is whether or not a cardiologist was totally disabled following an accident which left him unable to perform many of the duties of his occupation.

In 1994, Dr. Todd Gammill purchased two disability insurance policies—an individual disability income policy and business overhead expense policy&...

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