W. Evans Brittain
Montgomery, Alabama
Member

Evans Brittain is a partner in the Montgomery office, having joined the firm in 2000. He has tried numerous jury trials to verdict, serving as lead counsel in the majority of those cases. Mr. Brittain focuses his practice on defending insurance companies in suits by consumers and individuals alleging fraud, breach of contract, bad faith and inadequate performance of the insurance policy. In the course of developing his practice, Mr. Brittain has defended lawsuits covering a wide array of areas, including commercial disputes, premises liability, products liability and motor vehicle liability.

Mr. Brittain was selected as a Super Lawyer’s Rising Star in 2011, 2012, 2013 and 2014.  This designation is given to only 2.5% of all lawyers in the state of Alabama who are under the age of 40 years old.

Mr. Brittain is an active member of the Montgomery County Bar Association and the Alabama Defense Lawyers Association. He has served as a board member for the Alabama Defense Lawyers Association. He has also spoken on numerous occasions to various national insurance companies, providing advice about litigating claims and defending lawsuits in Alabama.

Mr. Brittain received both his undergraduate degree and law degree from the University of Alabama. He is married to the former Lucie Klingler. Lucie and Evans have three children: Mary Wallace, Web and Pickett.

Recent Notable Cases:

• Summary judgment entered in favor of homeowners insurance carrier as to the breach of contract claims asserted against carrier by 130 individual plaintiffs. (2015- Calhoun County)

• Summary judgment entered in favor of homeowners insurer concerning the plaintiffs’ claims of breach of contract, fraud and bad faith. (2015- Tuscaloosa County)

• Summary judgment entered in favor of timber dealer and against plaintiff, who suffered serious injuries resulting in over $500,000 in medical bills. (Calhoun County- 2015)

• Successfully defended class action claim made against homeowners insurer. Following the class certification hearing, the trial court entered an order denying the plaintiff’s motion for class certification. (2015- Chambers County)

• Prevailed on appeal to the Alabama Supreme Court concerning the trial court’s ruling against homeowners insurer. Alabama Supreme Court held that trial erred in ruling against insurer and reversed the judgment of the trial court. Baldwin Mutual Insurance Company v. Adair, 2014 WL 4851516 (Ala. 2014)

• Summary judgment rendered in favor of homeowners insurer concerning the insured’s claims of bad faith. (2014- Northern District of Alabama)

• Summary judgment entered in favor of homeowners insurer as to the plaintiffs’ claims of bad faith. Christian v. Country Mutual Insurance Company, 2014 WL 2434294 (N.D. Ala. 2014)

• Successfully defended homeowners insurer in connection with Plaintiffs’ claims of fraud, conversion and breach of contract. Following jury trial, case settled while case was on appeal to the Alabama Supreme Court. (2013- Marion County)

• Defendant’s verdict at the conclusion of jury trial wherein the plaintiff alleged personal injuries caused by the defendant. (2013- Montgomery County)

• Summary judgment rendered in favor of homeowners insurer as to plaintiff’s claims of breach of contract and bad faith. (2013- Chambers County)

• Summary judgment rendered in favor of homeowners insurer concerning plaintiff’s claims of breach of contract and bad faith. (2013- Clay County)

• Summary judgment entered in favor of homeowners insurer concerning plaintiff’s claims of breach of contract and bad faith. (2013- Escambia County)

• Summary judgment rendered in favor of homeowners insurer with respect to plaintiff’s claims of breach of contract and bad faith. (2012 -Marion County)

• Successfully defended homeowners insurer against plaintiff’s claims of breach of contract and bad faith. After week long jury trial, jury returned a verdict in the amount of $46,000. Plaintiff asked the jury to return a verdict in the amount of $2 million. (2010- Bibb County)

• Alabama Supreme Court affirms trial court’s order granting summary judgment in favor of insurer as to plaintiff’s underinsured motorists claims. Kendall v. USAA, 23 So. 3d 1119 (Ala. 2009)

Other Reported Decisions:

• Harris v. Preskitt, 911 So. 2d 8 (Ala. Civ. App. 2005)- Trial court’s order enforcing settlement affirmed on appeal.

• Burt v. Shield Insurance Company, 902 So. 2d 692 (Ala. Civ. App. 2004)- Summary judgment in favor of defendant insurer affirmed on appeal.

• Rosen v. Montgomery Surgical Center, 825 So. 2d 735 (Ala. 2001)- Order dismissing plaintiff’s claims affirmed by Alabama Supreme Court.

ATTORNEY SPOTLIGHT
PHONE
(334) 387-2067

FAX
(334) 387-3222

EMAIL
ebrittain@ball-ball.com

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