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 is also a regular speaker concerning insurance matters, as well as trial strategy. He has spoken on numerous occasions to various national insurance companies, providing advice about litigating claims and defending lawsuits in Alabama. Additionally, he is a frequent speaker at continuing education seminars, speaking on the topics of insurance litigation and general trial tactics.

Mr. Brittain was elected to membership in the Federation of Defense and Corporate Counsel (FDCC) in 2015. The Federation of Defense & Corporate Counsel, composed of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits.

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.

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:

  • * Alabama Supreme Court affirms trial court’s order granting defendant homeowners carrier’s motion for summary judgment wherein plaintiff asserted claims of breach of contract and bad faith. (2017-Alabama Supreme Court Case No: 1131074)
  • * Following a week long trial, obtained a verdict in favor of the defendant insurer, with a finding that the insurance policy at issue did not provide coverage for the claims asserted by the plaintiff. (2017- Lee County)
  • * Summary Judgment in favor of insurer as to bad faith claims asserted by the plaintiff/insured. (2017- Autauga County)
  • * Successfully defended insurance company in connection with breach of contract and bad faith claims. Following a trial of the matter, the jury returned a verdict below the amount offered by the insurer before trial. (2016- Geneva County)
  • * Successfully defended insurance company in trial concerning payment of insurance benefits, with verdict returned being less than amount offered before trial. (2015- Dale County)
  • * 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. (2015 – Calhoun County)
  • * 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, 181 So. 3d 1033 (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 arising out of April 27, 2011 Alabama tornadoes. (2013- Clay County)
  • * Summary judgment entered in favor of homeowners insurer concerning plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (2013- Escambia County)
  • * Summary judgment rendered in favor of homeowners insurer with respect to plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (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

Download VCF file



RECENT NEWS
About W. Evans Brittain