Karen R. Baker

“ First, the majority's holding yields the untenable position that while private employers are required to pay their employees minimum wage, the State may forgo paying its employees the required minimum wage. By way of example, when an act is passed by the legislature or more specifically, when the citizens of Arkansas pass an act to increase the minimum wage, pursuant to the act, private employers are required to compensate their employees in compliance with the act. ”

“ Absent from our constitution is any language limiting sovereign immunity to money judgments. The majority's holding that the legislature may no longer waive sovereign immunity, necessarily means that the executive and judicial branches likewise may not waive sovereign immunity because any other interpretation would result in treating the legislature differently from the executive and judicial branches. ”

“ As a general rule, the pleadings against the insured determine the insurer's duty to defend. Id. The duty to defend is broader than the duty to indemnify; the duty to defend arises when there is a possibility that the injury or damage may fall within the policy coverage Id. Where there is no possibility that the damage alleged in the complaint may fall within the policy coverage, there is no duty to defend. ”

“ On appellate review, we must determine whether summary judgment was proper based on whether the evidence presented by the moving party left a material question of fact unanswered. Id. We view the proof in the light most favorable to the party resisting the motion, resolving any doubts and inferences against the moving party, to determine whether the evidence left a material question of fact unanswered. Id.
Where the appeal is from the grant of summary judgment in cases involving an insurance policy, we liberally construe any ambiguities in the policy in favor of the insured. State Auto Prop. ”

“ It is well settled that this court does not render advisory opinions or answer academic questions. Wilson v. Pulaski Ass'n of Classroom Teachers, 330 Ark. 298, 954 S.W.2d 221 (1997) . Thus, because Subchapter 7 is inapplicable, the majority errs in its consideration of the constitutionality of Ark. Code Ann. section 27-37-703.
Therefore, under the facts in this case, I would answer the certified question in the negative and must respectfully dissent from the majority's consideration of a statutory provision that is clearly inapplicable to the facts of this case. ”

“ Scottsdale argues that no duty to defend arose because the unambiguous language of the policy's pollution exclusion negated its duty to defend appellee from the claims in the underlying lawsuit. We must first apply the test for determining a liability carrier's duty to defend. ”

“ Appellee filed a notice of cross-appeal on June 24, 2011, from the Amended Order and the Fee Order regarding its request for attorney's fees and expenses paid to Stubbs.
For reversal, Scottsdale argues that (1) Tennessee law, not Arkansas law, governs the interpretation and application of the Scottsdale CGL policy; and (2) under either Tennessee or Arkansas law, the pollution exclusion unambiguously applies and operates to preclude coverage and defense obligations for the persistent and widespread industrial pollution released from an industrial-poultry farm. ”

“ Under the facts of this case, does Arkansas Code Annotated section 27-37-703, which restricts the admissibility of seatbelt-nonuse evidence in civil actions, violate the separation-of-powers doctrine found in article IV, section 2, of the Arkansas Constitution? ”

“ Fifth, the majority states that "under the doctrine of stare decisis, we cannot ignore six decades of this court's precedent prior to Staton." However, the same can be said with regard to our over twenty years of precedent set forth in Staton and Tedder. In Chamberlin v. State Farm Mutual Auto Insurance Company, 343 Ark. 392, 36 S.W.3d 281 (2001) , this court described the dictates of stare decisis as follows:
Under the doctrine of stare decisis, we are bound to follow prior case law. ”

“ Appellee argues that we have held that pollution exclusions are ambiguous as a matter of law. On the other hand, Scottsdale contends whether pollution exclusions are ambiguous always depends on the context, citing Madison Constr. Co. v. Harleysville Mut. Ins. Co., 735 A.2d 100, 106 (Penn. 1999) . Arkansas law is clear on this issue without the need to resort to law from other jurisdictions. We have stated:
Although the meaning of an ambiguity may become a question for the fact-finder if parol evidence has been admitted to resolve that ambiguity, see Minerva Enter., Inc. ”

“ Section 13 states that " [e] very person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely, and without purchase ”

“ R. Civ. P. 56 (c) (2) (2011) . The burden of proving that there is no genuine issue of material fact is upon the moving party. Ryder v. State Farm Mut. Auto. Ins. Co., 371 Ark. 508, 268 S.W.3d 298 (2007) . ”