June 2009- Alabama Supreme Court Affirms Judgment Entered in Favor of Insurer Represented by Evans Brittain
The Alabama Supreme Court affirmed the Trial Court's decision to enter summary judgment in favor of the Defendant Underinsured Motorists carrier. The Plaintiff previously recovered $100,000 against the tort-feasor, which was the maximum amount that the plaintiff could recover against the tort-feasor, due to a statutory cap on damages recoverable against a governmental entity. The Alabama Supreme Court held that because the Plaintiff was no longer "legally entitled to recover" against the tort-feasor, the Plaintiff could not recover underinsured motorist coverage.
