Jordan v. Atlantic Casualty Insurance

40 S.W.3d 254, 344 Ark. 81, 2001 Ark. LEXIS 161
CourtSupreme Court of Arkansas
DecidedMarch 8, 2001
Docket00-1325
StatusPublished
Cited by24 cases

This text of 40 S.W.3d 254 (Jordan v. Atlantic Casualty Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan v. Atlantic Casualty Insurance, 40 S.W.3d 254, 344 Ark. 81, 2001 Ark. LEXIS 161 (Ark. 2001).

Opinion

TOM GLAZE, Justice.

This case arose from an accident where Dennis Smith, the driver of a 1988 Ford Aerostar, ran a stop sign at Reed Road and Highway 65 in Desha County, and struck a car driven by Jonathan Jordan. Victor Jordan was a passenger. Seven months later, the Jordans sued Smith in Desha County Circuit Court seeking damages for the injuries they sustained in the accident. About eight months passed when Smith’s liability insurance carrier, Atlantic Casualty Insurance Company, filed a complaint for a declaratory judgment in Pulaski County Circuit Court. In its complaint, Adantic asked for a judgment declaring that its policy provided no coverage for the Jordans’ claims because, while Smith was a named insured in the policy, he was excluded from coverage if and when he operated the insured vehicle. 1 The Jordans responded by pointing out that, under Ark. Code Ann. § 27-22-104 (Supp. 1999), Smith was required to carry minimum liability coverage and the policy clause excluding him as the named insured when he drove the vehicle was void as against public policy. In other words, the Jordans argued that to permit an insured to exclude himself from his own policy allowed that person to avoid Arkansas’ Motor Vehicle Liability Insurance law. See Ark. Code Ann. § 27-22-101, et seq. (Repl. 1994 and Supp. 1999). 2

The Pulaski County Circuit Court granted a summary judgment in Adantic’s favor, holding that the clause excluding the insured — Smith — as a driver was enforceable under Arkansas law. Consequently, the court concluded Atlantic had no duty to defend the Jordans’ lawsuit against Smith. The court of appeals affirmed the lower court’s decision, Jordan v. Atlantic Cas. Ins. Co., 71 Ark. App., 372, 32 S.W.2d 755 (2000), and we accepted jurisdiction to review the case under Ark. Sup. Ct. R. 1-2(b)(1), (4), and (5).

The “named driver exclusion agreement,” which was a part of the policy issued to and signed by Smith, provided in pertinent part as follows:

In consideration of the premium charged, it is hereby agreed that no coverage is afforded by this policy while any vehicle is being used, driven, operated, or manipulated by, or under the care, custody or control of. . . Dennis J. Smith.
The provisions of this endorsement supercede and exclude from the policy any contrary provisions.

Atlantic contends that the foregoing exclusionary clause is clear and unambiguous and that, under Arkansas law, such clauses are enforceable. Moreover, it submits that there is no distinction between whether the excluded driver is the named insured or an insured’s relative. Atlantic explains that the insured contracts with the insurance company to exclude a driver, presumably one with a high risk, so that coverage may be maintained on the vehicle to be driven by operators with an acceptable level of risk; the premium is calculated on that basis.

Our general rules for reviewing insurance policies were set out in Vincent v. Prudential Ins. Brokerage, 333 Ark. 414, 970 S.W.2d 215 (1998):

When reviewing insurance policies, this court adheres to the longstanding rule that, where terms of the policy are clear and unambiguous, the policy language controls, and absent statutory strictures to the contrary, exclusionary clauses are generally enforced according to their terms. Smith v. Shelter Mut. Ins. Co., 327 Ark. 208, 937 S.W.2d 180 (1997). We have also found it unnecessary to resort to rules of construction in order to ascertain the meaning of an insurance policy when no ambiguity exists. Id. In other words, the terms of an insurance contract are not to be rewritten under the rule of strict construction against the company issuing it so as to bind the insurer to a risk which is plainly excluded and for which it was not paid. Id.

Adantic is correct in arguing that our court has dealt with a named-driver exclusion clause in Smith v. Shelter Mutual Ins. Co., 327 Ark. 208, 937 S.W.2d 180 (1997), where we held that such a clause was not void as against public policy. There, the insured purchased a policy from Shelter Mutual which excluded the insured’s minor son. Subsequendy, a third party, Tammy Smith, was injured when she was struck by the insured’s vehicle when the insured’s son was driving it. After Smith sued the insured, Shelter Mutual filed suit, seeking a declaratory judgment declaring Shelter Mutual owed no coverage under the insured’s policy. The trial court agreed, and this court affirmed on appeal. Smith made the argument that she was covered under the Shelter Mutual policy because the insured’s exclusionary clause was void as against public policy. The Smith court rejected Smith’s argument, relying on the General Assembly’s expressed legislative intent found in Ark. Code Ann. § 27-22-101(a) (Repl. 1994), which provides:

This chapter is not intended in any way to alter or affect the validity of any policy provisions, exclusions, exceptions, or limitations contained in a motor vehicle insurance policy required by this chapter.

The court in Smith further stated that, if the General Assembly had intended to provide that the compulsory vehicle liability insurance law is to affect the validity of any policy exclusions, it would change or amend § 27-22-101 (a). The General Assembly has yet to do so. See also Shelter Gen. Ins. Co. v. Williams, 315 Ark. 409, 867 S.W.2d 457 (1993) (where the insured excluded her two daughters as drivers under her policy, and both daughters were injured in an accident when one of the daughters was driving the insured’s vehicle, this court held that, under statutory law, an insurer may contract with its insured upon whatever terms the parties may agree upon which are not contrary to statute or public policy, and the named-driver exclusion claim did no violate public policy); Cook v. Wausau Underwriters Ins. Co., 299 Ark. 520, 772 S.W.2d 614 (1989) (citing § 27-22-101 (a), court held the General Assembly has specifically provided that the compulsory insurance law was not intended to affect the validity of any policy exclusions).

The Jordans acknowledge Adantic’s argument that insureds should be able to exclude a high-risk driver from the policy so as to have affordable coverage; however, they claim that is not the issue before us because Smith is excluding himself as the insured, not as a driver. The Jordans argue that, in a situation where the insured is a high-risk driver, he could exclude himself as a named insured, which would permit him to obtain coverage on the vehicle at a lower premium, which in turn would allow the insured to obtain a vehicle registration and to facially appear to be in compliance with Arkansas’ Motor Vehicle Liability Insurance law, only to be in violation of it when he drives the vehicle.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marco Soto-Abarca v. Trexis Insurance Co.
2026 Ark. App. 192 (Court of Appeals of Arkansas, 2026)
Arkansas Game & Fish Commission v. Gerard
2017 Ark. App. 523 (Court of Appeals of Arkansas, 2017)
Shelter Mutual Insurance Co. v. Goodner
2015 Ark. 460 (Supreme Court of Arkansas, 2015)
Kolbek v. Truck Insurance Exchange
2014 Ark. 108 (Supreme Court of Arkansas, 2014)
Fulton v. Beacon National Insurance Co.
416 S.W.3d 759 (Court of Appeals of Arkansas, 2012)
Terminix International Co. v. Trivitt
289 S.W.3d 485 (Court of Appeals of Arkansas, 2008)
Southern Farm Bureau Casualty Insurance v. Easter
287 S.W.3d 537 (Supreme Court of Arkansas, 2008)
CITIFINANCIAL RETAIL SERVICES v. Weiss
271 S.W.3d 494 (Supreme Court of Arkansas, 2008)
Finley v. Astrue
270 S.W.3d 849 (Supreme Court of Arkansas, 2008)
Kelley v. USAA Casualty Insurance
266 S.W.3d 734 (Supreme Court of Arkansas, 2007)
Castaneda v. Progressive Classic Insurance
166 S.W.3d 556 (Supreme Court of Arkansas, 2004)
State v. Brown
156 S.W.3d 722 (Supreme Court of Arkansas, 2004)
State Farm Mutual Automobile Insurance v. Henderson
150 S.W.3d 276 (Supreme Court of Arkansas, 2004)
Anderson Gas & Propane, Inc. v. Westport Insurance
140 S.W.3d 504 (Court of Appeals of Arkansas, 2004)
Castaneda v. Progressive Classic Insurance
125 S.W.3d 835 (Court of Appeals of Arkansas, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
40 S.W.3d 254, 344 Ark. 81, 2001 Ark. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-atlantic-casualty-insurance-ark-2001.