direct claim in Alabama

1997Co. v. Bowen , 417 So.2d 179 (Ala. 1982), as follows: "An insurer is liable for its refusal to pay a direct claim when there is no lawful basis for the refusal coupled with actual knowledge of that fact.

1997This Court created the tort of bad faith failure to pay an insurance claim in Chavers v. National Security Fire Casualty Co. , 405 So.2d 1 , 7 (Ala. 1981), stating: "[A]n actionable tort arises for an insurer's intentional refusal to settle a direct claim where there is either '(1) no lawful basis for the refusal coupled with actual knowledge of that fact or (2) intentional failure to determine whether or not there was any lawful basis for such refusal.' " Later, in National Security Fire Casualty Co. v. Bowen , 417 So.2d 179 , 183 (Ala. 1982), this Court held: "No lawful basis 'means that the

2013Since Chavers , this Court has referred to this tort in the singular: “[A]n actionable tort arises for an insurer’s intentional refusal to settle a direct claim where there is either ‘(1) no lawful basis for the refusal coupled with actual knowledge of that fact or (2) intentional failure to determine whether or not there was any lawful basis for such refusal.’ ” 405 So.2d at 7 .

2013In Chavers this Court adopted the test proposed in the dissent in Vincent and held that “an actionable tort arises for an insurer’s intentional refusal to settle a direct claim where there is either ‘(1) no lawful basis for the refusal coupled with actual knowledge of that fact or (2) intentional failure to determine whether or not there was any lawful basis for such refusal.’ ” 405 So.2d at 7 .

1999See Michael v. National Security Fire & Casualty Co., 458 F.Supp. 128 (N.D.Miss.1978).

1990See Michael v. National Security Fire Casualty Co. , 458 F. Supp. 128 (N.D.Miss. 1978).

2012See also Blaylock, 709 So.2d at 1131 . [[Image here]] “Where a purchaser’s direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser’s fraud claim is precluded by language in a sales contract stating that the purchase is ‘as is.’ Leatherwood, Inc. v. Baker, 619 So.2d 1273, 1274 (Ala.1992); Haygood v. Burl Pounders Realty, Inc., 571 So.2d 1086, 1089 (Ala.1990); Massey v. Weeks Realty Co., 511 So.2d 171, 173 (Ala.1987).

2010In Nesbitt v. Frederick, 941 So.2d 950 (Ala.2006), the plaintiffs expressly asked the Court "to overrule a line of Alabama cases holding that `[w]here a purchaser's direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser's fraud claim is precluded by language in a sales contract stating that the purchase is "as is."' Moore, 849 So.2d at 924 (citing Leatherwood v. Baker, 619 So.2d 1273, 1274-75 (Ala.1992); Haygood v. Burl Pounders Realty, Inc., 571 So.2d 1086, 1089 (Ala.1990); and Massey v. Weeks Realty Co., 511 So.2d 171, 173 (Ala. 1987))." 941

2012See also Blaylock, 709 So.2d at 1131 . [[Image here]] “Where a purchaser’s direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser’s fraud claim is precluded by language in a sales contract stating that the purchase is ‘as is.’ Leatherwood, Inc. v. Baker, 619 So.2d 1273, 1274 (Ala.1992); Haygood v. Burl Pounders Realty, Inc., 571 So.2d 1086, 1089 (Ala.1990); Massey v. Weeks Realty Co., 511 So.2d 171, 173 (Ala.1987).

2010In Nesbitt v. Frederick, 941 So.2d 950 (Ala.2006), the plaintiffs expressly asked the Court "to overrule a line of Alabama cases holding that `[w]here a purchaser's direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser's fraud claim is precluded by language in a sales contract stating that the purchase is "as is."' Moore, 849 So.2d at 924 (citing Leatherwood v. Baker, 619 So.2d 1273, 1274-75 (Ala.1992); Haygood v. Burl Pounders Realty, Inc., 571 So.2d 1086, 1089 (Ala.1990); and Massey v. Weeks Realty Co., 511 So.2d 171, 173 (Ala. 1987))." 941

2012See also Blaylock, 709 So.2d at 1131 . [[Image here]] “Where a purchaser’s direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser’s fraud claim is precluded by language in a sales contract stating that the purchase is ‘as is.’ Leatherwood, Inc. v. Baker, 619 So.2d 1273, 1274 (Ala.1992); Haygood v. Burl Pounders Realty, Inc., 571 So.2d 1086, 1089 (Ala.1990); Massey v. Weeks Realty Co., 511 So.2d 171, 173 (Ala.1987).

2010In Nesbitt v. Frederick, 941 So.2d 950 (Ala.2006), the plaintiffs expressly asked the Court "to overrule a line of Alabama cases holding that `[w]here a purchaser's direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser's fraud claim is precluded by language in a sales contract stating that the purchase is "as is."' Moore, 849 So.2d at 924 (citing Leatherwood v. Baker, 619 So.2d 1273, 1274-75 (Ala.1992); Haygood v. Burl Pounders Realty, Inc., 571 So.2d 1086, 1089 (Ala.1990); and Massey v. Weeks Realty Co., 511 So.2d 171, 173 (Ala. 1987))." 941

1990Co. v. Barnes, 405 So.2d 916, 924 (Ala.1981): "The first tier of the test promulgated by Mr. Justice Embry and adopted by this Court in Chavers establishes that the tort of bad faith refusal to honor a direct claim arises when there exists `no lawful basis for the refusal coupled with actual knowledge of that fact.' `No lawful basis,' as expressed in that opinion, means that the insurer lacks a legitimate or arguable reason for failing to pay the claim.

1990Co. v. Barnes , 405 So.2d 916 , 924 (Ala. 1981): "The first tier of the test promulgated by Mr. Justice Embry and adopted by this Court in Chavers establishes that the tort of bad faith refusal to honor a direct claim arises when there exists 'no lawful basis for the refusal coupled with actual knowledge of that fact.' 'No lawful basis,' as expressed in that opinion, means that the insurer lacks a legitimate or arguable reason for failing to pay the claim.

2001Co., 405 So.2d 1 (Ala.1981). "[A]n actionable tort arises for an insurer's intentional refusal to settle a direct claim where there is either `(1) no lawful basis for the refusal coupled with actual knowledge of that fact or (2) intentional failure to determine whether or not there was any lawful basis for such refusal.'" Chavers, 405 So.2d at 7 , quoting Vincent v. Blue Cross-Blue Shield of Alabama, Inc., 373 So.2d 1054, 1067 (Enbry, J., dissenting).

1990Co. , 405 So.2d 1 (Ala. 1981): "[A]n actionable tort arises for an insurer's intentional refusal to settle a direct claim where there is either '(1) no lawful basis for the refusal coupled with actual knowledge of that fact or (2) intentional failure to determine whether or not there was any lawful basis for such refusal.' " Chavers , 405 So.2d at 7 (quoting Vincent v. Blue Cross-Blue Shield of Alabama , 373 So.2d 1054 (Ala. 1979)).

2015Corp., 869 So.2d 459, 462 (Ala.2003) (holding that a loss-of-consortium claim is "derivative of, and dependent upon the outcome of, the direct claim''). .

2008Corp., 869 So.2d 459, 462 (Ala.2003) (“Even if the claims alleging loss of consortium and loss of services could otherwise be legally cognizable, they are derivative of, and dependent upon the outcome of, the direct claim .... ”).

2002However, if the seller, or the seller's agent, is questioned directly about specific defects, or if the seller or the agent has knowledge of specific defects that affected health or safety and the defect is not known to or readily observable by the buyer, the seller or the agent has a duty to disclose and is liable for damages for nondisclosure.' " Roberts v. C & S Sovran Credit Corp., 621 So.2d 1294, 1297 (Ala.1993) (citations omitted).

2002However, if the seller, or the seller's agent, is questioned directly about specific defects, or if the seller or the agent has knowledge of specific defects that affected health or safety and the defect is not known to or hreadily observable by the buyer, the seller or the agent has a duty to disclose and is liable for damages for nondisclosure.' " Roberts v. CS Sovran Credit Corp. , 621 So.2d 1294 , 1297 (Ala. 1993) (citations omitted).

2012“Where a purchaser’s direct inquiry would otherwise impose a duty of truthful disclosure, ... a purchaser’s fraud claim is precluded by language in a sales contract stating that the purchase is ‘as is.’ ” Moore, 849 So.2d at 924 .

2010P'ship, 849 So.2d 914, 924 (Ala.2002) (explaining that "[w]here a purchaser's direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser's fraud claim is precluded by language in a sales contract stating that the purchase is `as is'"); and Clay Kilgore Constr., Inc. v. Buchalter/Grant, L.L.C., 949 So.2d 893 (Ala.2006).

2015"The AEMLD is a judicially created accommodation of Alabama law to the doctrine of strict liability for damage or injuries caused by allegedly defective products.” Keck v. Dryvit Sys., Inc., 830 So.2d 1, 5 (Ala.2002).

2012See also Blaylock, 709 So.2d at 1131 . [[Image here]] “Where a purchaser’s direct inquiry would otherwise impose a duty of truthful disclosure, this Court has held that a purchaser’s fraud claim is precluded by language in a sales contract stating that the purchase is ‘as is.’ Leatherwood, Inc. v. Baker, 619 So.2d 1273, 1274 (Ala.1992); Haygood v. Burl Pounders Realty, Inc., 571 So.2d 1086, 1089 (Ala.1990); Massey v. Weeks Realty Co., 511 So.2d 171, 173 (Ala.1987).

2011Membership Corp. v. Catrett, 942 So.2d 337, 345 (Ala.2006).

2005Compare Ex parte F.P., supra. Still, the same definition of abandonment found in the CPA is found in Alabama’s Adoption Code.

2003See Murdock v. Steel Processing Servs., Inc. , 581 So.2d 846 (Ala. 1991).

2000See Ex parte Ford Motor Credit Co. 717 So.2d 781 , 787 (Ala. 1997).

2000See Ex parte Ford Motor Credit Co. , 717 So.2d at 787 .