dissenting. The majority gives various examples of what could happen, if it followed the law, to justify its deviation from a principle of law that has been followed by us since we began making decisions. That is, we give a statute its plain meaning and do not “interpret” the language unless it is vague or uncertain. Bank of Evening Shade v. Lindsey, 278 Ark. 132, 644 S.W.2d 920 (1983); Britt v. State, 261 Ark. 488, 549 S.W.2d 84 (1977); Cross v. Graham, 224 Ark. 277, 272 S.W.2d 682(1954); Call v. Wharton, 204 Ark. 544, 162 S.W.2d 916 (1942); Johnson v. Lowman, 193 Ark. 8, 97 S.W.2d 86 (1936); Hopper v. Fagan, 151 Ark. 428, 236 S.W. 820 (1922); St. Louis, I.M. & S. Ry. Co. v. Waldrop, 93 Ark. 42, 123 S.W. 778 (1909); Wilson v. Biscoe, 11 Ark. 44, 6 Eng. 44 (1850). The majority concedes the statute is clear in this case, and I feel we are duty-bound to follow it.
Ark. Stat. Ann. § 66-4001 (Repl. 1980) plainly states an insured “may maintain a direct cause of action against the insurer issuing such policy for the amount of the judgment rendered against such insured, not exceeding the amount of the policy, provided such judgment remains unsatisfied at the expiration of thirty (30) days from the serving of notice of entry of j udgment upon the attorney for the insured or upon the insured or upon the insurer.”
I am not concerned with what might happen if we followed the statute; the fact is that the appellants did follow the statute. The appellees or their attorney overlooked the penalty and we should not avoid our duty to rectify the appellees’ error.
A final judgment was entered in this case, notice was given, and there is no legal reason or other good reason to make a change in the statute. I would respectfully suggest that the majority is looking for what it conceives to be a favorable result rather than enforcing the plain and clear language of the statute, which is what we are bound to do. The first time we interpret a statute is the time to do it right. I would follow our cases and the statute and reverse the judgment.
Adkisson, C.J. and Hollingsworth, J., join.