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21 Alabama opinions name it 3 courts 1875–2010 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Griffin v. Hardingreen2 sentences1996An offer of agreement to pay, or even payment, in the way of compromise, is not an admission of indebtedness nor of any fact from which indebtedness may be inferred.' " ' " Griffin v. Hardin , 456 So.2d 1113 , 1116 (Ala.Civ.App. 1984). 1995An offer of agreement to pay, or even payment, in the way of compromise, is not an admission of indebtedness nor of any fact from which indebtedness may be inferred." "` Griffin v. Hardin, 456 So.2d 1113, 1116 (Ala.Civ.App.1984). | 2 | 4 |
Safeco Ins. Co. of America v. Simsgreen2 sentences1992If, on the other hand, the refusal to pay is without legal excuse, the mere filing of a declaratory judgment action, followed by a finding of justiciable controversy, may enhance rather than diminish the degree of bad faith." Id. at 1224 (Jones, J., concurring specially). 1984If, on the other hand, the refusal to pay is without legal excuse, the mere filing of a declaratory judgment action, followed by a finding of justiciable controversy, may enhance rather than diminish the degree of bad faith." (Emphasis added.) Id., at 1224 . | 1 | 2 |
SouthTrust Bank v. Bowengreen1 sentence2010See SouthTrust Bank v. Bowen, 959 So.2d 624, 632 (Ala.2006) (concluding that, based upon the combination of the “broad language of the arbitration provisions” and “the strong policy requiring this Court to interpret the scope of an arbitration provision in favor of embracing arbitration,” the arbitration provisions at issue covered a disputed claim). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
EMPLOYEES'BENEFIT ASS'N v. Grissett
green
2 sentences2000In Employees’ Benefit Ass’n v. Grissett, 732 So.2d 968 (Ala.1998), we stated: “[National Security Fire & Casualty Co. v. Bowen, 417 So.2d 179 (Ala.1982)] set out these requirements for a plaintiff to prove a bad-faith failure to pay: “ ‘(a) an insurance contract between the parties and a breach thereof by the defendant; “ ‘(b) an intentional refusal to pay the insured’s claim; “ ‘(c) the absence of any reasonably legitimate or arguable reason for that refusal (the absence of a debatable reason); “ ‘(d) the insurer’s actual knowledge of the absence of any legitimate or arguable reason; “ ‘(e) i 2000In Employees' Benefit Ass'n v. Grissett , 732 So.2d 968 (Ala. 1998), we stated: "[ National Security Fire Casualty Co. v. Bowen , 417 So.2d 179 (Ala. 1982)] set out these requirements for a plaintiff to prove a bad-faith failure to pay: "`(a) an insurance contract between the parties and a breach thereof by the defendant; "`(b) an intentional refusal to pay the insured's claim; "`(c) the absence of any reasonably legitimate or arguable reason for that refusal (the absence of a debatable reason); "`(d) the insurer's actual knowledge of the absence of any legitimate or arguable reason; "`(e) if | 2 | 2000–2000 |
National SEC. Fire & Cas. Co. v. Bowen
green
2 sentences2000In Employees’ Benefit Ass’n v. Grissett, 732 So.2d 968 (Ala.1998), we stated: “[National Security Fire & Casualty Co. v. Bowen, 417 So.2d 179 (Ala.1982)] set out these requirements for a plaintiff to prove a bad-faith failure to pay: “ ‘(a) an insurance contract between the parties and a breach thereof by the defendant; “ ‘(b) an intentional refusal to pay the insured’s claim; “ ‘(c) the absence of any reasonably legitimate or arguable reason for that refusal (the absence of a debatable reason); “ ‘(d) the insurer’s actual knowledge of the absence of any legitimate or arguable reason; “ ‘(e) i 2000In Employees’ Benefit Ass’n v. Grissett, 732 So.2d 968 (Ala.1998), we stated: “[National Security Fire & Casualty Co. v. Bowen, 417 So.2d 179 (Ala.1982)] set out these requirements for a plaintiff to prove a bad-faith failure to pay: “ ‘(a) an insurance contract between the parties and a breach thereof by the defendant; “ ‘(b) an intentional refusal to pay the insured’s claim; “ ‘(c) the absence of any reasonably legitimate or arguable reason for that refusal (the absence of a debatable reason); “ ‘(d) the insurer’s actual knowledge of the absence of any legitimate or arguable reason; “ ‘(e) i | 2 | 2000–2000 |
Union Oil Co. of Cal. v. Colglazier
green
2 sentences1993Pich v. Lankford , [ 157 Tex. 335 , 302 S.W.2d 645 (1957)]." 360 So.2d at 965 . 1993Pich v. Lankford, [ 157 Tex. 335 , 302 S.W.2d 645 (1957) ]." 360 So.2d at 965 . | 1 | 1993–1993 |
Pich v. Lankford
green
2 sentences1993Pich v. Lankford , [ 157 Tex. 335 , 302 S.W.2d 645 (1957)]." 360 So.2d at 965 . 1993Pich v. Lankford , [ 157 Tex. 335 , 302 S.W.2d 645 (1957)]." 360 So.2d at 965 . | 1 | 1993–1993 |
Austin v. Austin
green
1 sentence1992NOTES [1] Ex parte Morgan, 440 So.2d 1069 (Ala.1983), holds that past-due installments of child support under an Alabama divorce judgment need not be reduced to a money judgment before garnishment proceedings are begun, because past-due installments of child support create a final money judgment; yet, in Austin v. Austin, 364 So.2d 301 (Ala.1978), a plurality held that a disputed claim for past-due child support under a divorce judgment could not be allowed as a claim against an estate unless first reduced to a money judgment. | 1 | 1992–1992 |
Ex Parte Morgan
green
1 sentence1992NOTES [1] Ex parte Morgan, 440 So.2d 1069 (Ala.1983), holds that past-due installments of child support under an Alabama divorce judgment need not be reduced to a money judgment before garnishment proceedings are begun, because past-due installments of child support create a final money judgment; yet, in Austin v. Austin, 364 So.2d 301 (Ala.1978), a plurality held that a disputed claim for past-due child support under a divorce judgment could not be allowed as a claim against an estate unless first reduced to a money judgment. | 1 | 1992–1992 |
Coon v. Coon
green
2 sentences1989Coon, supra, 264 Ala. at 129 , 85 So.2d at 432 , quoting Merchants Nat’l Bank of Mobile v. Cotnam, 250 Ala. 316 , 34 So.2d 122 (1948). 1989Coon, supra, 264 Ala. at 129 , 85 So.2d at 432 , quoting Merchants Nat’l Bank of Mobile v. Cotnam, 250 Ala. 316 , 34 So.2d 122 (1948). | 1 | 1989–1989 |
Merchants Nat. Bank of Mobile v. Cotnam
green
2 sentences1989Coon, supra, 264 Ala. at 129 , 85 So.2d at 432 , quoting Merchants Nat’l Bank of Mobile v. Cotnam, 250 Ala. 316 , 34 So.2d 122 (1948). 1989Coon, supra, 264 Ala. at 129 , 85 So.2d at 432 , quoting Merchants Nat’l Bank of Mobile v. Cotnam, 250 Ala. 316 , 34 So.2d 122 (1948). | 1 | 1989–1989 |
Barnes v. Tarver
green
1 sentence1983No payment obligation would arise for the disputed claim for the foundation damages until a final judgment on that issue, see Liverpool and Barnes v. Tarver, supra . [2] To get around this difficulty with their positions, Goodner and Brown argue that there is a public policy favoring prompt payment to the insured. | 1 | 1983–1983 |
Langham Small Motors v. Thomas
green
2 sentences1981Langham Small Motors v. Thomas , 390 So.2d 1055 (Ala.Civ.App. 1980), cert. denied , 390 So.2d 1055 (Ala. 1980). 1981Langham Small Motors v. Thomas , 390 So.2d 1055 (Ala.Civ.App. 1980), cert. denied , 390 So.2d 1055 (Ala. 1980). | 1 | 1981–1981 |
Hughes v. Daniel
green
2 sentences1980The rule has been stated by our supreme court as follows: "An offer or agreement to pay, or even a payment, in the way of compromise, is not an admission of indebtedness nor of any fact from which indebtedness may be inferred." Hughes v. Daniel , 187 Ala. 41 , 65 So. 518 (1914). 1980The rule has been stated by our supreme court as follows: "An offer or agreement to pay, or even a payment, in the way of compromise, is not an admission of indebtedness nor of any fact from which indebtedness may be inferred." Hughes v. Daniel , 187 Ala. 41 , 65 So. 518 (1914). | 1 | 1980–1980 |
Eddons Drug Company v. Wright
neutral
2 sentences1980Eddons Drug Co. v. Wright , 46 Ala. App. 645 , 248 So.2d 140 (1971); Gilmore v. Rust Engineering Co., supra. It can only follow that, where there is a good faith dispute as the one before us, the defendant employer is not bound to make compensation payments until the trial court has made its decision, and in appropriate cases where the requisite bond has been posted, that decision has been confirmed on the appellate level. 1980Eddons Drug Co. v. Wright , 46 Ala. App. 645 , 248 So.2d 140 (1971); Gilmore v. Rust Engineering Co., supra. It can only follow that, where there is a good faith dispute as the one before us, the defendant employer is not bound to make compensation payments until the trial court has made its decision, and in appropriate cases where the requisite bond has been posted, that decision has been confirmed on the appellate level. | 1 | 1980–1980 |
Hodgson v. Mutual Benefit Health & Accident Ass'n
green
2 sentences1980Russell v. Prudential-Life Insurance Co. of America, 437 F.2d 602 (5th Cir. 1971); Hodgson v. Mutual Benefit Health & Accident Ass’n, 153 Kan. 511 , 112 P.2d 121 (1941); Reserve Life Insurance Co. v. Poole, 99 Ga.App. 83 , 107 S.E.2d 887 (1959). 1980Russell v. Prudential-Life Insurance Co. of America, 437 F.2d 602 (5th Cir. 1971); Hodgson v. Mutual Benefit Health & Accident Ass’n, 153 Kan. 511 , 112 P.2d 121 (1941); Reserve Life Insurance Co. v. Poole, 99 Ga.App. 83 , 107 S.E.2d 887 (1959). | 1 | 1980–1980 |
John R. Russell v. The Prudential Insurance Company of America
green
1 sentence1980Russell v. Prudential-Life Insurance Co. of America, 437 F.2d 602 (5th Cir. 1971); Hodgson v. Mutual Benefit Health & Accident Ass’n, 153 Kan. 511 , 112 P.2d 121 (1941); Reserve Life Insurance Co. v. Poole, 99 Ga.App. 83 , 107 S.E.2d 887 (1959). | 1 | 1980–1980 |
Reserve Life Insurance Co. v. Poole
green
2 sentences1980Russell v. Prudential-Life Insurance Co. of America, 437 F.2d 602 (5th Cir. 1971); Hodgson v. Mutual Benefit Health & Accident Ass’n, 153 Kan. 511 , 112 P.2d 121 (1941); Reserve Life Insurance Co. v. Poole, 99 Ga.App. 83 , 107 S.E.2d 887 (1959). 1980Russell v. Prudential-Life Insurance Co. of America, 437 F.2d 602 (5th Cir. 1971); Hodgson v. Mutual Benefit Health & Accident Ass’n, 153 Kan. 511 , 112 P.2d 121 (1941); Reserve Life Insurance Co. v. Poole, 99 Ga.App. 83 , 107 S.E.2d 887 (1959). | 1 | 1980–1980 |
Riehle v. Margolies
green
2 sentences1979Riehl v. Margolies, 279 U.S. 218 , 49 S.Ct. 310 , 73 L.Ed. 669 (1929); Chicago Title & Trust Co. v. Fox Theatres Corp., 69 F.2d 60 (2d Cir. 1934). 1979Riehl v. Margolies, 279 U.S. 218 , 49 S.Ct. 310 , 73 L.Ed. 669 (1929); Chicago Title & Trust Co. v. Fox Theatres Corp., 69 F.2d 60 (2d Cir. 1934). | 1 | 1979–1979 |
Chicago Title & Trust Co. v. Fox Theatres Corporation
green
1 sentence1979Riehl v. Margolies, 279 U.S. 218 , 49 S.Ct. 310 , 73 L.Ed. 669 (1929); Chicago Title & Trust Co. v. Fox Theatres Corp., 69 F.2d 60 (2d Cir. 1934). | 1 | 1979–1979 |
Brookside-Pratt Mining Co. v. Booth
green
2 sentences1953Rejoinder 5 to these replications, and to which demurrer was sustained, averred that “the alleged offer to pay said sum of $1,000.00 was made in an effort to compromise a disputed claim * * * and plaintiff ought not to take advantage of said offer * * * As stated in Brookside-Pratt Mining Co. v. Booth, 211 Ala. 268 , 100 So. 240, 241 , 33 A.L.R. 417 : “A rule of good pleading long prevailing is that whatever the parties respectively allege in their subsequent pleadings must be referred to, fortify, and support, respectively, the complaint or declaration of the plaintiff and the plea of the def 1953Rejoinder 5 to these replications, and to which demurrer was sustained, averred that “the alleged offer to pay said sum of $1,000.00 was made in an effort to compromise a disputed claim * * * and plaintiff ought not to take advantage of said offer * * * As stated in Brookside-Pratt Mining Co. v. Booth, 211 Ala. 268 , 100 So. 240, 241 , 33 A.L.R. 417 : “A rule of good pleading long prevailing is that whatever the parties respectively allege in their subsequent pleadings must be referred to, fortify, and support, respectively, the complaint or declaration of the plaintiff and the plea of the def | 1 | 1953–1953 |
Burleson v. Mays
green
2 sentences1921Allen v. Prater, 30 Ala. 458 ; Burleson v. Mays, 189 Ala. 107 , 66 South. 36 . 1921Allen v. Prater, 30 Ala. 458 ; Burleson v. Mays, 189 Ala. 107 , 66 South. 36 . | 1 | 1921–1921 |
Allen v. Prater
neutral
1 sentence1921Allen v. Prater, 30 Ala. 458 ; Burleson v. Mays, 189 Ala. 107 , 66 South. 36 . | 1 | 1921–1921 |
Scarborough v. Reynolds
green
1 sentence1875Scarborough v. Reynolds, 12 Ala. 252 . | 1 | 1875–1875 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.