Tomey v. Southern Farm Bureau Casualty Insurance Co. (Majority)
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The Supreme Court expanded the exception to the parental-immunity doctrine when the minor brings a direct-action suit against an insurance carrier for uninsured-motorist coverage to cover direct-action claims when underinsured benefits are at issue.
A minor brought a direct-action suit against an insurance carrier for underinsured-motorist coverage. The insurer maintained that the minor could not recover under Arkansas's parental-immunity doctrine and denied the minor's claim against her mother's policy. The minor then filed a direct-action lawsuit against the insurer. The United States District Court for the Eastern District of Arkansas certified a question of law regarding the exception to the parental-immunity doctrine. The Supreme Court answered that the State of Arkansas recognizes an exception to the parental-immunity doctrine when the source of recovery is uninsured-motorist benefits under a motor-vehicle liability policy.
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