As I discussed in Alabama Bad Faith: Part 1, Alabama distinguishes between bad faith refusal and bad faith delay cases.
I was recently approached by a policyholder inquiring whether he had a viable claim for bad faith under Alabama law. In responding to his inquiry I did quite a bit of research and will share my findings with you now in this two-part blog on Alabama Bad Faith.
As many readers know, Alabama does not currently license public adjusters. The Alabama State Bar takes the position that the actions of a public adjuster constitute the unlicensed practice of law.
Last April I became licensed as an attorney in the State of Alabama. When discussing claims with insureds, one of the first questions asked is, “what is the statute of limitations in xxxxx state?” Our blog has not addressed the statute of limitations in Alabama, and below is a quick cheat sheet for Alabama insureds.
Continue Reading Alabama Statute of Limitations
Effective July 13, 2013, Alabama Code §§27-22-40 though 27-22-45 will require new and renewal homeowners insurance policies to include an Outline of Coverage and a Comprehensive Policy Checklist. In addition, all insurance companies writing residential policies in Alabama must post on their websites the twelve “minimum standards” to be followed.
Throughout the past several weeks, I have looking at total loss standards in different states around the country. Certain states, typically those in the path of natural disasters, have studied the issue many times. One state that surprisingly had very little case law touching on the subject is Alabama. However, a deep look into some old case law shed some light on the subject.
Next month, the Alabama legislature will reconvene and has the chance to license public insurance adjusters. Currently, Alabama is one of the few states that does not recognize public adjusters. But after the devastation last year, the value of public insurance adjusters is coming to light.
Over the course of the last few weeks in a series of posts titled “’Bama Bad Faith – An Alabama Case Evaluates a Number of Bad Faith Issues,” I evaluated the factual and legal issues analyzed by the Alabama Supreme Court in Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008). The Alabama Supreme Court explained that the allegations against Alfa included both a “normal” bad-faith claim and an “abnormal” bad-faith claim. Last week I discussed the “normal” bad faith claim; this week I am writing about the “abnormal” bad faith claim.
Last week, in ‘Bama Bad Faith – An Alabama Case Evaluates a Number of Bad Faith Issues, Part 3, I began an evaluation of whether there was a genuine issue of material fact as to the basis for the insureds’ bad-faith claims in Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008). The lower court granted summary judgment in favor of Alfa, concluding that there was no genuine issue of material fact, and the insureds appealed. The Alabama Supreme Court explained that the allegations against Alfa included both a “normal” bad-faith claim and an “abnormal” bad-faith claim. This week, I am writing about the “normal” bad faith claim.
Continue Reading ‘Bama Bad Faith – an Alabama Case Evaluates a Number of Bad Faith Issues, Part 4
In my post three weeks ago, I addressed the factual background in the Supreme Court of Alabama’s opinion on the bad faith case Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008). Last week I wrote about the issue of whether the Insureds timely filed their Complaint. This week, I am writing about whether there was a genuine issue of material fact regarding the basis for the Insureds’ bad-faith claims.