MURPHY OIL USA, INC.
v.
UNIGARD SECURITY INSURANCE COMPANY and Employers' Surplus Lines Insurance Company, Appellees;
Employers' Surplus Lines Insurance Company, Cross-Appellant;
Murphy Oil USA, Inc.; United States Fidelity & Guaranty Company, Cross-Appellees.
Supreme Court of Arkansas.https://leagle.com/images/logo.png
December 6, 2001.
December 6, 2001.
Attorney(s) appearing for the Case
Compton, Prewett, Thomas & Hickey, PA, by: Robert C. Compton, El Dorado; and Wright, Lindsey & Jennings LLP, by: M. Samuel Jones, III, Little Rock, and Claire Shows Hancock, El Dorado, for appellant.
Quattlebaum, Grooms, Tull & Burrow PLLC, by: J. Leon Holmes and Steven W. Quattlebaum, Little Rock, for appellee Unigard Security Insurance Company.
James & Carter, PLC, by: Daniel R. Carter, Little Rock; Of Counsel: Rogers, Towers, Bailey, Jones & Gay, by: G. Kenneth Norrie and Cheryl L. Worman, Jacksonville, FL; and Christie, Pabarue, Mortensen and Young, a Professional Corporation, by: James W. Christie and Catherine Olanich Raymond, Philadelphia, PA, for appellee Employers' Surplus Lines Insurance Company.
Hilburn, Calhoon, Harper, Pruniski & Calhoun, Ltd., by: John C. Calhoun, Jr., and Phil Campbell; and Shaw Pittman, by: Frank Winston, Jr., for cross-appellee United States Fidelity & Guaranty Company.
Barrett & Deacon, P.A., by: D.P. Marshall Jr., Jonesboro; and Wiley, Rein & Fielding, by: Laura A. Foggan, Daniel E. Troy, and Dineen P. Wasylik, Washington, DC, for amicus curiae Insurance Environmental Litigation Association.
Rose Law Firm, a Professional Association, by: Richard T. Donovan and Garland J. Garrett; O.H. Storey, III; and Kathleen D. Gardner, for amici curiae Mark Pryor, Attorney General, State of Arkansas; Anthony Forest Products Company; Anthony Timberlands, Inc.; Arkansas Education Association; Arkansas State Chamber of Commerce; Arkla, Inc.; Associated Industries of Arkansas, Inc.; Deltic Timber Corporation; Dillard's, Inc.; Entergy Arkansas, Inc.; J.B. Hunt Transport, Inc.; The Poultry Federation; Riceland Foods, Inc.; Southwestern Energy Company; Tyson Foods, Inc.
Supreme Court of Arkansas.
ROBERT L. BROWN, Justice.
Appellant Murphy Oil USA, Inc. appeals a grant of summary judgment in favor of appellee Unigard Security Insurance Company (Unigard) and appellee Employers' Surplus Lines Insurance Company (ESLIC).1 In that summary judgment, the circuit court concluded that Unigard and ESLIC had no duty to defend their insured, Murphy Oil, in litigation brought by Harrison Brothers Dry Dock and Repair Yard. On appeal, Murphy Oil...
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