Cite as 2013 Ark. App. 552
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-13-67
Opinion Delivered October 2, 2013
SAFECO INSURANCE COMPANY OF APPEAL FROM THE CRAIGHEAD
ILLINOIS and BARNEY TRAVIS, as COUNTY CIRCUIT COURT,
parent and natural guardian of DYLAN WESTERN DISTRICT
TRAVIS, a minor [No. CV-08-953]
APPELLANTS
HONORABLE DAVID N. LASER,
V. JUDGE
SOUTHERN FARM BUREAU REMANDED TO SUPPLEMENT THE
CASUALTY INSURANCE COMPANY RECORD AND ADDENDUM;
APPELLEE REBRIEFING ORDERED
LARRY D. VAUGHT, Judge
Appellants Safeco Insurance Company of Illinois (Safeco) and Barney Travis (Barney),
as parent and natural guardian of Dylan Travis (Dylan) (collectively appellants), appeal the
September 28, 2012 order entered by the Circuit Court of Craighead County, denying their
motion for judgment notwithstanding the verdict or, in the alternative, motion for new trial. Due
to a deficiency in the record and in appellants’ addendum, we remand for supplementation of
the record and addendum and order rebriefing.
Dylan’s grandmother, Virginia Hodges (Hodges), was the owner of a 2002 Ford
Explorer. The vehicle was insured under a policy of automobile insurance by appellee Southern
Farm Bureau Casualty Insurance Company (Farm Bureau). On February 3, 2008, Dylan (then
sixteen years old) went to Hodges’s house, found her asleep, and took her vehicle to the movies
to pick up five friends. After leaving the theater, Dylan decided to “jump a hill.” During the
Cite as 2013 Ark. App. 552
approach to the jump, he applied his brakes, lost control of the vehicle, and collided with a tree.
Two of the five passengers alleged that they sustained injuries as a result of the accident and filed
a complaint against Dylan for damages.
Safeco had issued a policy of automobile liability insurance to Dylan’s father, Barney, on
which Dylan was listed as an additional insured. Safeco provided a defense to the Travises and
made demand on Farm Bureau to assume coverage, arguing that Dylan had implied permission
to drive Hodges’s vehicle. In response, Farm Bureau filed a complaint for declaratory judgment
against appellants, and others, seeking a declaration that Dylan was not a “covered person” as
defined by the Farm Bureau policy because he did not have implied permission to operate
Hodges’s vehicle. Farm Bureau also argued that Dylan’s conduct was excluded from coverage
based on the intentional-acts exclusion. After appellants filed an answer to the declaratory-
judgment complaint, Farm Bureau moved for summary judgment. The trial court granted Farm
Bureau’s summary-judgment motion, finding the facts undisputed that there was no implied
permission from Hodges to Dylan regarding the use of the vehicle. Accordingly, the trial court
found that Farm Bureau owed no duty to defend or indemnify Dylan. Appellants timely
appealed the order, and our court, in Travis v. Southern Farm Bureau Casualty Insurance Co., 2010
Ark. App. 848, at 9, 378 S.W.3d 786, 790, reversed and remanded, holding that the evidence
raised questions of fact as to whether Dylan had implied permission to drive Hodges’s vehicle.
On remand, the case proceeded to a jury trial. On August 21, 2012, the trial court entered
a judgment, in accordance with the jury verdict, in favor of Farm Bureau, finding that it owed
no duty to defend or indemnify Dylan. Thereafter, appellants filed a motion for judgment
2
Cite as 2013 Ark. App. 552
notwithstanding the verdict or, in the alternative, motion for new trial. On September 28, 2012,
the trial court entered an order denying the motions.
Appellants’ current appeal challenges the sufficiency of the evidence supporting the jury’s
verdict on the issue of the intentional-act exclusion and alleges jury misconduct involving this
exclusion. However, we are unable to reach the merits of these arguments because of a
deficiency in appellants’ addendum. Arkansas Supreme Court Rule 4-2(a)(8) (2012) requires that
an appellant’s brief include an addendum consisting of all documents essential to the appellate
court’s resolution of the issues on appeal. In addition, pursuant to Rule 4-2(a)(8)(A)(i), in a case
where there was a jury trial, the jury verdict forms must be included in the addendum.
In the case at bar, appellants have not included the jury verdict forms (Interrogatories
No. 1 and 2) in their addendum.1 Further, the two jury interrogatories are not included in the
record.2 Therefore, we order appellants to correct this deficiency by supplementing the record
within thirty days. Ark. R. App. P.–Civ. 6(e) (2012). Thereafter, pursuant to Ark. Sup. Ct. R. 4-
2(b)(3) (2012), we order appellants to file a supplemental addendum curing any deficiencies and
rebriefing within fifteen calendar days from the date on which the supplemental record is filed.
Remanded to supplement the record and addendum; rebriefing ordered.
PITTMAN and WALMSLEY, JJ., agree.
Anderson, Murphy & Hopkins, L.L.P., by: Michael P. Vanderford and Mark D. Wankum, for
appellants.
David A. Hodges, for appellee.
1
Blank copies of Interrogatory No. 1 and 2 are included in the addendum.
2
Blank copies of Interrogatory No. 1 and 2 are included in the record.
3