Ala. Code
Code of Alabama

Ala. Code § 8-2-8 (2026)

Both Principal and Agent Have Notice of Whatever Either Has Notice Of.

✓ official Alabama Legislature (ALISON) text, current July 2026
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As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other.

(Code 1923, §9538; Code 1940, T. 9, §72.)

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1983–2023 · leading case: Roland v. Cooper, 768 So. 2d 400 (Ala. Civ. App. 2000).
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Roland v. Cooper, 768 So. 2d 400 (Ala. Civ. App. 2000). · cites it 9× “Although Alabama's agency law provides that an agent is deemed to have notice of whatever the principal has notice of, see Ala.Code 1975, § 8-2-8, that statute begins with the phrase "[a]s against the principal.”
Tucker v. Ernst & Young, LLP, 159 So. 3d 1263 (Ala. 2014). · cites it 5× “7 Likewise, the panel imputed the knowledge of HealthSouth Corporation’s officers, directors, and employees of the fraud to the company, citing § 8-2-8, Ala. Code 1975; 8 Stone v. Mellon Mortg.”
In Re HealthSouth Corp. Ins. Litig., 308 F. Supp. 2d 1253 (N.D. Ala. 2004). · cites it 2× “, Ala.Code § 8-2-8; Stone v. Mellon Mortgage Co.”
North River Ins. Co. v. Overton, 59 So. 3d 1 (Ala. 2010). · cites it 3× “Overton and Wal-drop assert that, regardless of whether the agent communicated such knowledge to the insurer, the agent’s knowledge by law became the insurer’s knowledge.”
Autrey v. United Companies Lending Corp., 872 F. Supp. 925 (S.D. Ala. 1995). · cites it 4× “Ala.Code § 8-2-8 ("As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other.”
Pennsylvania Nat'l Mut. Cas. Ins. v. J.F. Morgan Gen. Contractors, Inc., 79 F. Supp. 3d 1245 (N.D. Ala. 2015). · cites it 3× “” Ala.Code § 8-2-8 (1975); see GMFS, LLC, 910 So.”
Nat'l Sec. Fire & Cas. v. Coshatt, 690 So. 2d 391 (Ala. Civ. App. 1996). · cites it 4× “" Ala.Code 1975, § 8-2-8. The testimony of other National Security employees indicating that Barber did not communicate the notice to them does not create a question of fact as to whether the company received notice.”
Jim Walter Homes, Inc. v. Waldrop, 448 So. 2d 301 (Ala. 1983). “This state has codified the rule at Code 1975, § 8-2-8, which reads: "As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other.”
S. Cleaning Serv., Inc. v. Essex Ins. Co., 209 So. 3d 446 (Ala. 2016). · cites it 2× “[The appellees] assert that, regardless of whether the agent communicated such knowledge to the insurer, the agent’s knowledge by law became the insurer’s knowledge.”
Abbott v. Mega Trucking, LLC (M.D. Ala. 2023). · cites it 2× “”); see also Ala. Code § 8-2-8 (“As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other.”
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