KELLEY v. USAA CAS. INS. CO.

No. 07-367.

266 S.W.3d 734 (2007)

Angela KELLEY, Appellant, v. USAA CASUALTY INSURANCE COMPANY, State Farm Fire & Casualty Company, Appellees.

Supreme Court of Arkansas.

November 1, 2007.


Attorney(s) appearing for the Case

Gary Eubanks & Associates, by: Russell Marlin, Little Rock, for appellant.

Kilpatrick, Williams, Smith & Meeks, LLP, by: Joseph E. Kilpatrick, Jr. and Richard A. Smith, Little Rock, for appellee USAA Casualty Insurance Company.


JIM HANNAH, Chief Justice.

Angela Kelley appeals summary judgment entered against her in Pulaski County Circuit Court. The circuit court rejected Kelley's argument that Act 1043 of 2003, amending Ark.Code Ann. § 27-19-503 (Repl.1994), overruled this court's prior holdings that the uninsured-motorist statute, Ark.Code Ann. § 23-89-403 (Repl. 2004), requires a plaintiff to prove that the vehicle alleged to have caused the damage and injury was uninsured. The...

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