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202486P.pdf 11/19/2021 Shawn Smith v. Southern Farm Bureau Casualty
U.S. Court of Appeals Case No: 20-2486
U.S. District Court for the Eastern District of Arkansas - Central
[PUBLISHED] [Kobes, Author, with Colloton and Wollman, Circuit Judges]
Civil case - Insurance. In an action alleging defendant undervalued
plaintiff's totaled pickup truck by application of a "Projected Sold
Adjustment" which deducted 9% from comparable vehicles' values to reflect
defendant's assumption that car buyers pay less than sticker price,
Arkansas Insurance Regulation 43, which sets minimum standards for
insurance settlement practices, was not incorporated into the policy in
question, either automatically or by application of the policy's
"Conformity Clause;" however, the complaint did alleged an action for
common law breach of contract, and the district court erred in dismissing
that portion of the complaint; request to certify questions of law to the
Arkansas Supreme Court denied. Judge Colloton, dissenting.