Alabama Insurance Defense Report

Appellate tort litigation in the southern United States.

Author: Thomas M. Little practices at Smith, Spires & Peddy in Birmingham, Ala.

Blawg Related Categories: Appellate Practice • Insurance Law • Tort Law • Injury & Accident Law • Product Liability Law • States • Alabama • Solo / Small Firm

Recent Posts from Alabama Insurance Defense Report

“Sealed Container” Defense does not Apply to UCC Breach of Warranty Claims
Alabama appellate courts have long held that the “sealed container” defense applies to retailers and distributors sued on products liability claims under the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD). Pursuant to Atkins v. American Motor…
Alabama Federal District Court Holds Insurer Has No Bad Faith Liability to Third Party Beneficiary
Recently, the U.S. District Court for the Southern District of Alabama held, in a case of first impression in the state, that an insurer’s liability for bad faith did not extend to a third party…
Smith, Spires & Peddy Summer Newsletter
Our firm’s Summer Newsletter is out. There’s some informative stuff in there, including a great article on the new Medicare reporting requirements, one on insurer liability for hospital liens, and one on venue in Alabama,…
Victims of Apartment Arson Allowed to Pursue Claims Against Builder, Owner
The Alabama Supreme Court recently considered a suit in which a fire at an apartment building, caused by arson, resulted in the death of one resident, and injuries to six others. The residents sued the…
Non-custodial Minor Child not Covered by UM Policy
On June 26, the Alabama Supreme Court considered, in State Farm v. Brown, __So.2d__ (Ala. 2009), the question of whether a non-custodial minor child was entitled to underinsured motorist (UIM) benefits under her father’s insurance…
Contributory Negligence Per Se
As most of my readers are aware, Alabama is a contributory negligence state. “Contributory negligence is negligence on the part of the plaintiff that proximately contributed to the alleged injury.” Alabama Pattern Jury Instructions 30.00.…
Boxes in Aisle of Store “Open and Obvious”
On June 12, 2009, the Alabama Supreme Court held in favor of a retailer in a trip and fall suit. In Dolgencorp, Inc. v. Taylor, ___ So.2d ___ (Ala. 2009), the Court considered an appeal…
Georgia Supreme Court Finds No Bad Faith in Failure to Settle Lawsuit
Recently, the Georgia Supreme Court found in favor of an insurer in a suit alleging failure to settle a claim in bad faith. Trinity Outdoor, LLC v Central Mut. Ins. Co., No. SO9Q0605 (June 1,…
Chinese Drywall Coverage Litigation Working its Way Through Courts
The Insurance and Reinsurance Report has posted an informative update on the status of several pending lawsuits over coverage for Chinese drywall issues in both homeowner’s and CGL policies. Having been involved in considerable EIFS…
Kentucky Jury Awards $3.8 Million on Third Party Bad Faith Claim
On June 3, a Jefferson County, Kentucky jury awarded a woman $3.8 million in a bad faith suit against her doctor’s insurer, American Physican’s Assurance Corp. Shortly after Debbie Daniels underwent a hysterectomy and tummy…