111 Alabama opinions name it 3 courts 1982–2025 1 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 |
|---|---|---|
National SEC. Fire & Cas. Co. v. Bowengreen2 sentences2003Our supreme court set forth the elements necessary for a plaintiff to establish a bad-faith claim in National Security Fire & Casualty Co. v. Bowen, 417 So.2d 179 (Ala.1982); those elements are: “(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 the intentional failure to determine the existe 2003Our supreme court set forth the elements necessary for a plaintiff to establish a bad-faith claim in National Security Fire & Casualty Co. v. Bowen, 417 So.2d 179 (Ala.1982); those elements are: “(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 the intentional failure to determine the existe | 4 | 20 |
Thomas v. Principal Financial Groupgreen2 sentences1997Co. v. Barnes , 405 So.2d 916 (Ala. 1981), we held that even if an insured was not entitled to a directed verdict on the contract claim, the bad faith claim could be submitted to the jury if 'the insurer either intentionally or recklessly failed to properly investigate the claim or subject the results to a cognitive evaluation and review.' Thomas , supra, at 744 ." Thus, the issue before this Court is whether the Gonzalezes presented substantial evidence that Blue Cross failed to properly investigate the Gonzalezes' claims or to subject the results of its investigation to a "cognitive evaluati 1996In Thomas v. Principal Financial Group, 566 So.2d 735, 743 (Ala.1990), the Court held that the factual circumstances of that case made it an extraordinary case in which it would not be appropriate to allow the insurer to obtain a judgment as a matter of law on the bad faith claim. | 4 | 11 |
State Farm Fire & Casualty Co. v. Sladegreen2 sentences2001The verdict in favor of Poarch on the bad-faith claim is inconsistent with the verdict in favor of Alfa on the breach-of-contract claim. “[I]t is clear that the appropriate remedy for the rendition of an inconsistent verdict is not a [postverdict JML]; rather, the appropriate remedy is a new trial.” Slade, supra, 747 So.2d at 319 , quoting Luker v. City of Brantley, 520 So.2d 517, 521 (Ala.1987). 2001The verdict in favor of Poarch on the bad-faith claim is inconsistent with the verdict in favor of Alfa on the breach-of-contract claim. “[I]t is clear that the appropriate remedy for the rendition of an inconsistent verdict is not a [postverdict JML]; rather, the appropriate remedy is a new trial.” Slade, supra, 747 So.2d at 319 , quoting Luker v. City of Brantley, 520 So.2d 517, 521 (Ala.1987). | 4 | 6 |
Burkett v. Burkettgreen2 sentences2001Because a breach of contract is an element of a bad-faith claim, id. at 1217 , we may enter a judgment in favor of Alfa on the bad-faith claim. [5] Moreover, the jury's breach-of-contract verdict indicates that Alfa had an arguable reason for refusing to pay Poarch's claim namely, that under the terms of the insurance policy it was not obligated to pay. "[I]f any one of the reasons for denial of coverage is at least `arguable,' this Court need not look any further," and a claim alleging bad-faith refusal to pay will not lie. 2001Because a breach of contract is an element of a bad-faith claim, id. at 1217 , we may enter a judgment in favor of Alfa on the bad-faith claim. . | 4 | 4 |
Lolly v. Stategreen2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 1996See, e.g., Lolly v. State , 611 A.2d 956 (Del. 1992); State v. Riggs , 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid , 487 N.W.2d 539 (Minn.Ct.App. 1992); Commonwealth v. Henderson , 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo , 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula , 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State , 195 Ga. App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety , 774 P.2d 1326 (Alaska 1989); State v. Fain , 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 3 |
National Sav. Life Ins. Co. v. Duttongreen2 sentences1998In "normal" cases, the plaintiff's contract claim had to be so strong that the plaintiff would be entitled to a preverdict JML; if a fact issue made a JML inappropriate, then the defendant was entitled to a JML on the plaintiff's bad-faith claim. 419 So.2d at 1362 . 1991The thrust of Blue Cross’s contention is that this is an “ordinary” bad faith case in which Griffis was not entitled to a directed verdict on his contract claim and, therefore, that the “directed verdict on the contract claim standard,” as discussed in National Savings Life Insurance Co. v. Dutton, 419 So.2d 1357 (Ala.1982), was properly applied by the trial court in directing a verdict in its favor on the bad faith claim. | 2 | 16 |
Safeco Ins. Co. of America v. Simsgreen2 sentences2003The date when the bad faith claim accrued cannot be determined from the allegations of the complaint because it alleges neither facts establishing a date when Alfa denied any part of the Joneses' claim nor facts establishing a date when the Joneses possessed "knowledge of facts which would reasonably [have led the Joneses] to a discovery of the bad faith refusal." Safeco Ins. , 435 So.2d at 1222 . 1999Co., 359 So.2d 1146, 1152 (Ala.1978) (which had quoted an earlier case).) (Emphasis added.) In Blackburn, supra, 667 So.2d at 667 , this Court explained that this statement of the law in Chavers meant that "a bad faith claim will lie for a failure to provide the benefits contracted for in an *318 insurance policy. " (Emphasis added.) The Blackburn Court further stated: "In Safeco Insurance Co. of America v. Sims, 435 So.2d 1219, 1222 (Ala.1983), this Court stated that `a cause of action for bad faith refusal to honor insurance benefits accrues upon the event of the bad faith refusal, or upon t | 2 | 5 |
Jones v. Alabama Farm Bureau Mut. Cas. Co.green2 sentences1993Co. , 507 So.2d 396 , 399 (Ala. 1986); Chavers v. National Security Fire Casualty Co. , 405 So.2d 1 , 7 (Ala. 1981). *Page 1033 The Turners' bad faith claim against State Farm falls in the latter category. 1993At issue here are elements (d) ("actual knowledge of the absence of any legitimate or arguable reason") and (e) ("intentional failure to determine whether there is a legitimate or arguable reason"), one of which must be shown in support of a bad faith claim. 2 See Jones v. Alabama Farm Bureau Mutual Casualty Co. , 507 So.2d 396 , 399 (Ala. 1986) (stating that one must prove, as an element of a bad faith claim, either that the defendant had "no lawful basis for the refusal coupled with actual knowledge of that fact" or an "intentional failure to determine . . . any lawful basis for such refusal | 2 | 5 |
Blackburn v. Fidelity and Deposit Co. of Marylandgreen2 sentences1999Co., 359 So.2d 1146, 1152 (Ala.1978) (which had quoted an earlier case).) (Emphasis added.) In Blackburn, supra, 667 So.2d at 667 , this Court explained that this statement of the law in Chavers meant that "a bad faith claim will lie for a failure to provide the benefits contracted for in an *318 insurance policy. " (Emphasis added.) The Blackburn Court further stated: "In Safeco Insurance Co. of America v. Sims, 435 So.2d 1219, 1222 (Ala.1983), this Court stated that `a cause of action for bad faith refusal to honor insurance benefits accrues upon the event of the bad faith refusal, or upon t 1999Co., 359 So.2d 1146, 1152 (Ala.1978) (which had quoted an earlier case).) (Emphasis added.) In Blackburn, supra, 667 So.2d at 667 , this Court explained that this statement of the law in Chavers meant that "a bad faith claim will lie for a failure to provide the benefits contracted for in an *318 insurance policy. " (Emphasis added.) The Blackburn Court further stated: "In Safeco Insurance Co. of America v. Sims, 435 So.2d 1219, 1222 (Ala.1983), this Court stated that `a cause of action for bad faith refusal to honor insurance benefits accrues upon the event of the bad faith refusal, or upon t | 2 | 4 |
Ex Parte Liberty Nat. Life Ins. Co.green2 sentences2025Co., 825 So. 2d 758, 761-62 (Ala. 2002)). 2013Co., 825 So.2d 758, 761-62 (Ala.2002)). | 2 | 2 |
27001 Partnership v. Kohlberg Kravis Roberts & Co.green2 sentences2025However, these arguments go to the underlying merits of the Northcutts' breach-of-contract claims, not the issue of State immunity. 62 SC-2024-0804 "At the outset, we note that, although the parties discuss the cognizability under Alabama law of the plaintiffs' bad- faith claim in light of this Court's decision in City of Montgomery v. Collins, 355 So. 2d 1111 (Ala. 1978), we do not address that issue. ' "Subject to certain narrow exceptions, we have held that, because an 'adequate remedy' exists by way of an appeal, the denial of a motion to dismiss or a motion for a summary judgment is not r 2013Plaintiffs’ Claim of Bad-Faith Failure to Pay Legal Expenses At the outset, we note that, although the parties discuss the cognizability under Alabama law of the plaintiffs’ bad-faith claim in light of this Court’s decision in City of Montgomery v. Collins, 855 So.2d 1111 (Ala.1978), we do not address that issue. “ ‘Subject to certain narrow exceptions, we have held that, because an “adequate remedy” exists by way of an appeal, the denial of a motion to dismiss or a motion for a summary judgment is not reviewable by petition for writ of mandamus.’ ” Ex parte Kohlberg Kravis Roberts & Co., 78 S | 2 | 2 |
| City of Bessemer v. Foremangreen | 2 | 2 |
| Luker v. City of Brantleygreen | 2 | 2 |
Chavers v. National SEC. Fire & Cas. Co.green2 sentences1993Co. , 507 So.2d 396 , 399 (Ala. 1986); Chavers v. National Security Fire Casualty Co. , 405 So.2d 1 , 7 (Ala. 1981). *Page 1033 The Turners' bad faith claim against State Farm falls in the latter category. 1993Co., 507 So.2d 396, 399 (Ala.1986); Chavers v. National Security Fire & Casualty Co., 405 So.2d 1, 7 (Ala.1981). *1033 The Turners' bad faith claim against State Farm falls in the latter category. | 1 | 8 |
Continental Assur. Co. v. Kountzgreen2 sentences1991In Continental Assurance Co. v. Kountz, 461 So.2d 802 (Ala.1984), this Court stated that even if the plaintiff had not been entitled to a directed verdict on the contract claim, the bad faith claim would have been properly submitted to the jury. 1991Co. v. Lavoie, 505 So.2d 1050 (Ala. 1987)] nor the instant case should be read as weakening the application of the directed verdict test in a bad faith claim context." 461 So.2d at 810 . | 1 | 5 |
Ex Parte Safeway Ins. Co. of Alabama, Inc.green2 sentences2018The only authority LFC cites in support of its argument is Ex parte Safeway Insurance Co. of Alabama , 990 So.2d 344 (Ala. 2008), in which this Court held that an insured's bad-faith claim against its insurer for refusal to pay uninsured-motorist benefits was not ripe-and thus did not invoke the trial court's subject-matter jurisdiction-until the insured established the amount of his damages. 990 So.2d at 352 . 2018The only authority LFC cites in support of its argument is Ex parte Safeway Insurance Co. of Alabama , 990 So.2d 344 (Ala. 2008), in which this Court held that an insured's bad-faith claim against its insurer for refusal to pay uninsured-motorist benefits was not ripe-and thus did not invoke the trial court's subject-matter jurisdiction-until the insured established the amount of his damages. 990 So.2d at 352 . | 1 | 3 |
Insurance Co. v. Citizensbank of Thomasvillegreen2 sentences2003In Insurance Co. of North America v. Citizensbank of Thomasville , 491 So.2d 880 (Ala. 1986), a jury had returned sizable awards against Insurance Company of *Page 473 North America ("INA") on a contract claim and a bad-faith claim. 1988This court, after reviewing the law of bad faith refusal to pay an insurance claim, ruled that "in order for the plaintiff to recover on a bad faith claim, the plaintiff must show that if the contract claim had been tried on the date of denial, the plaintiff would have been entitled to a directed verdict." 491 So.2d at 883 . | 1 | 3 |
Aplin v. American SEC. Ins. Co.green2 sentences2014Co., 568 So.2d 757, 758 (Ala. 1990) (stating that “proof of the existence of an insurance contract between the parties is a threshold requirement in a bad faith claim”). 2003Co. , 568 So.2d 757 , 758 (Ala. 1990) (stating that "proof of the existence of an insurance contract between the parties is a threshold requirement in a bad faith claim"). | 1 | 2 |
| Vincent v. Blue Cross-Blue Shield of Alabama, Inc.green | 1 | 2 |
| United American Ins. Co. v. Brumleygreen | 1 | 2 |
| LeFevre v. Westberrygreen | 1 | 1 |
| Schlarb v. Leegreen | 1 | 1 |
| Meeks v. Morrowgreen | 1 | 1 |
| Boshell v. Keithgreen | 1 | 1 |
| Ex Parte Ryalsgreen | 1 | 1 |
| Al-Owhali v. Ashcroftgreen | 1 | 1 |
| Shelter Mut. Ins. Co. v. Bartongreen | 1 | 1 |
| Erby v. United Statesgreen | 1 | 1 |
| Pontius v. State Farm Mut. Auto. Ins. Co.green | 1 | 1 |
| Abu Ali v. Gonzalesgreen | 1 | 1 |
| Lawrence v. Lackeygreen | 1 | 1 |
| Liberty Nat. Life Ins. Co. v. Allengreen | 1 | 1 |
| Childs v. MISSISSIPPI VAL. TITLE INS. CO.green | 1 | 1 |
| NATIONAL SEC. FIRE AND CAS. CO., INC. v. Vintsongreen | 1 | 1 |
| Sierra Club v. United States Army Corps Of Engineersgreen | 1 | 1 |
| Ex Parte Finkbohnergreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Aetna Life Ins. Co. v. Lavoie
green
2 sentences2000The Court of Civil Appeals has frozen the bad-faith inquiry at the moment of denial, in reliance upon Lavoie, supra. In Lavoie , this Court held that postdenial efforts to develop facts that would support a good-faith denial of the claim could not be used to overcome an initial denial made in bad faith and reiterated on numerous subsequent occasions before the insurer sought pertinent information that was missing from the file. 2000The Court of Civil Appeals has frozen the bad-faith inquiry at the moment of denial, in reliance upon Lavoie , supra. In Lavoie , this Court held that postdenial efforts to develop facts that would support a good-faith denial of the claim could not be used to overcome an initial denial made in bad faith and reiterated on numerous subsequent occasions before the insurer sought pertinent information that was missing from the file. | 4 | 1987–2000 |
Gulf Atlantic Life Ins. Co. v. Barnes
green
2 sentences1997Co. v. Barnes , 405 So.2d 916 (Ala. 1981), we held that even if an insured was not entitled to a directed verdict on the contract claim, the bad faith claim could be submitted to the jury if 'the insurer either intentionally or recklessly failed to properly investigate the claim or subject the results to a cognitive evaluation and review.' Thomas , supra, at 744 ." Thus, the issue before this Court is whether the Gonzalezes presented substantial evidence that Blue Cross failed to properly investigate the Gonzalezes' claims or to subject the results of its investigation to a "cognitive evaluati 1995Co. , 405 So.2d at 924 . *Page 706 Viewing the evidence in a light most favorable to Kervin and Hose Headquarters, we hold that the trial court properly entered the summary judgment for Southern Guaranty on the bad faith claim. | 4 | 1991–1997 |
Commonwealth v. Henderson
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
State v. Smagula
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
State v. Riggs
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
Thorne v. Department of Public Safety
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 1996See, e.g., Lolly v. State , 611 A.2d 956 (Del. 1992); State v. Riggs , 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid , 487 N.W.2d 539 (Minn.Ct.App. 1992); Commonwealth v. Henderson , 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo , 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula , 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State , 195 Ga. App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety , 774 P.2d 1326 (Alaska 1989); State v. Fain , 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
State v. Fain
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
State v. Matafeo
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
State v. Schmid
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 1996See, e.g., Lolly v. State , 611 A.2d 956 (Del. 1992); State v. Riggs , 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid , 487 N.W.2d 539 (Minn.Ct.App. 1992); Commonwealth v. Henderson , 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo , 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula , 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State , 195 Ga. App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety , 774 P.2d 1326 (Alaska 1989); State v. Fain , 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
Spaulding v. State
green
2 sentences2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). 2012See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358 , 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. 309 , 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 183 , 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600 , 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 420 , 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82 , 774 P.2d 252 (1989). | 3 | 1993–2012 |
Quick v. State Farm Mut. Auto. Ins. Co.
green
2 sentences1991We opine that the trial court correctly ruled in favor of defendant State Farm on the bad faith claim, as the evidence proves that the amount of damages had not been determined." 429 So.2d at 1035 . 1991We opine that the trial court correctly ruled in favor of defendant State Farm on the bad faith claim, as the evidence proves that the amount of damages had not been determined." 429 So.2d at 1035 . | 3 | 1988–2006 |
Peek v. RESERVE NAT. INS. CO.
green
2 sentences2000Co., 585 So.2d 1303 (Ala.1991), ... [our Supreme Court] affirmed a summary judgment in favor of the insurer on the insured’s bad faith claim, concluding that a doctor’s reports indicating that the ovarian cyst had existed for over a year before the effective date of coverage constituted an ‘arguable or debatable reason’ for denying the insurance claim, notwithstanding the insurer’s failure to deliver an insurance certificate containing the exclusion. 585 So.2d at 1309 .... 2000Co., 585 So.2d 1303 (Ala.1991), ... [our Supreme Court] affirmed a summary judgment in favor of the insurer on the insured’s bad faith claim, concluding that a doctor’s reports indicating that the ovarian cyst had existed for over a year before the effective date of coverage constituted an ‘arguable or debatable reason’ for denying the insurance claim, notwithstanding the insurer’s failure to deliver an insurance certificate containing the exclusion. 585 So.2d at 1309 .... | 3 | 1998–2000 |
NAT. SEC. FIRE & CAS. CO. v. Vintson
green
2 sentences1988Wilson v. Brown , 496 So.2d 756 *Page 365 (Ala. 1986); National Security Fire Casualty Co. v. Vintson , 454 So.2d 942 (Ala. 1984). 1984Admittedly, the facts of this case are such that it would appear from the facts set out in the majority opinion that the insurer was guilty of a bad faith refusal to pay an insurance claim, but when the basic facts necessary to a resolution of this case are examined against the rule of law established in bad faith cases, it is apparent that the insureds were not entitled to recover on the bad faith claim, because they failed to meet their burden of showing that the insurer "had no legal or factual defense to the insurance claim." National Security Fire & Casualty Company v. Vintson, 454 So.2d | 3 | 1984–1988 |
Kimbrough v. Safeway Insurance Co. of Alabama
green
2 sentences2018More significantly, even if we assume that Safeway is analogous to this case, LFC ignores this Court's more recent decision in Ex parte Safeway Insurance Co. of Alabama , 148 So.3d 39 (Ala. 2013), in which this Court concluded that an insured's *833 assertion of a bad-faith claim for refusal to pay uninsured-motorist benefits before any adjudication of the uninsured motorist's liability and the amount of damages was not a ripeness issue that affected the trial court's subject-matter jurisdiction. 2018More significantly, even if we assume that Safeway is analogous to this case, LFC ignores this Court's more recent decision in Ex parte Safeway Insurance Co. of Alabama , 148 So.3d 39 (Ala. 2013), in which this Court concluded that an insured's *833 assertion of a bad-faith claim for refusal to pay uninsured-motorist benefits before any adjudication of the uninsured motorist's liability and the amount of damages was not a ripeness issue that affected the trial court's subject-matter jurisdiction. | 2 | 2018–2018 |
| Mutual Assurance, Inc. v. Madden green | 2 | 1999–2014 |
| Acceptance Ins. Co. v. Brown green | 2 | 2007–2007 |
| Haden v. Lee's Mobile Homes, Inc. green | 2 | 2001–2001 |
| Marcus v. City of Birmingham green | 2 | 2001–2001 |
| Haden v. Lee's Mobile Homes, Inc. green | 2 | 2001–2001 |
| Hankins v. State neutral | 2 | 2001–2001 |
| Wilkes v. Stacy Williams Co. neutral | 2 | 2001–2001 |
| Campbell v. Tucker neutral | 2 | 2001–2001 |
| First Nat. Bank of Stevenson v. Crawford neutral | 2 | 2001–2001 |
| Drummond v. Franck green | 2 | 2001–2001 |
| Campbell v. Tucker neutral | 2 | 2001–2001 |
| First Nat. Bank of Stevenson v. Crawford neutral | 2 | 2001–2001 |
| Haynes v. Alfa Financial Corp. green | 2 | 2000–2000 |
| Brown-Marx Associates, Ltd. v. Emigrant Savings Bank green | 2 | 1991–1992 |
| Brown-Marx Associates, Ltd. And Gary E. Smith v. Emigrant Savings Bank and Prudential Savings Bank green | 2 | 1991–1992 |
| Harrell v. Reynolds Metals Co. green | 2 | 1991–1992 |
| Kennedy Elec. Co. v. Moore-Handley, Inc. green | 2 | 1991–1992 |
| Old Southern Life Ins. Co., Inc. v. Spann green | 2 | 1991–1991 |
| Garvin v. Shewbart green | 2 | 1985–1991 |
| City of Montgomery v. Collins green | 1 | 2025–2025 |
| McClendon v. Mountain Top Flea Market green | 1 | 2017–2017 |
| Ex Parte Alfa Mut. Ins. Co. green | 1 | 2013–2013 |
| Tillis Trucking Co., Inc. v. Moses green | 1 | 2012–2012 |
| Lujan v. Defenders of Wildlife green | 1 | 2008–2008 |
| Newman v. Savas green | 1 | 2008–2008 |
| Nance by and Through Nance v. Matthews green | 1 | 2003–2003 |
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.