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10 Alabama opinions name it 2 courts 1982–2002 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 |
|---|---|---|
National Sav. Life Ins. Co. v. Duttongreen2 sentences2002Co. v. Dutton , 419 So.2d 1357 , 1362 (Ala. 1982), Justice Shores stated: "`"As noted by both sides in this case, the tort of bad faith refusal to pay a valid insurance claim is in the embryonic stage, and the Court has not had occasion to address every issue that might arise in these cases. 2002Co. v. Dutton, 419 So.2d 1357, 1362 (Ala. 1982), Justice Shores stated: "`"As noted by both sides in this case, the tort of bad faith refusal to pay a valid insurance claim is in the embryonic stage, and the Court has not had occasion to address every issue that might arise in these cases. | 5 | 5 |
NATIONAL SEC. FIRE AND CAS. CO., INC. v. Vintsongreen1 sentence1999In dicta in National Security Fire & Casualty Co. v. Vintson, 414 So.2d 49, 52 (Ala.1982), when the tort of bad faith was in its infancy, this Court stated: "A verdict under the claim of bad faith must necessarily find liability in contract for benefits currently due because the tort of bad faith refusal to pay a valid insurance claim is so defined that, unless the plaintiff is entitled to recover on the contract, a bad faith claim cannot be maintained." We think it clear that these authorities limit bad-faith liability to those cases in which the insured is entitled to benefits under the poli | 1 | 1 |
Safeco Ins. Co. of America v. Simsgreen1 sentence1984As Justice Jones adeptly foresaw and forewarned: "The mere filing of a declaratory judgment action, followed by a finding of a justiciable controversy, may enhance rather than diminish the degree of bad faith." Safeco Insurance Co., 435 So.2d at 1224. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
National SEC. Fire & Cas. Co. v. Bowen
green
2 sentences1994The elements a plaintiff must prove in a claim of "bad faith refusal" to pay a valid insurance claim were clearly announced by our Supreme Court as follows: "(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 existence of a lawful basis is relied upon, 1992Our supreme court set out the elements of the tort of bad faith refusal to pay a valid insurance claim in National Security Fire Casualty Company v. Bowen , 417 So.2d 179 , 183 (Ala. 1982), as follows: "(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 | 5 | 1982–1994 |
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.