DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
052275P.pdf 07/21/2006 Design Professionals v. Chicago Ins. Co.
U.S. Court of Appeals Case No: 05-2275
and No: 05-2326
and No: 05-2276
Eastern District of Arkansas
[PUBLISHED] [Arnold, Author, with Wollman and Gruender, Circuit Judges]
Civil case - Insurance. Insurer was under no statutory duty to provide
insured with a notice of termination, and the district court erred in
concluding violation of Ark. Code Ann. Sec. 23-79-3063(B) could serve
as the basis for a breach of contract claim in the circumstances of this
case; misstatements in letter concerning coverage did not amount to a
violation of Rule 43 of the Arkansas Insurance Department; under
Arkansas law, the equitable estoppel doctrine may not be used to enlarge
or extend coverage or to create an insurance contract; district court erred
in finding two accounting firms had not completed a merger for purposes
of determining whether one of the merged companies' coverage applied
to the underlying claims.