Biography
Ben Heinz has spent his legal career handling complex lawsuits involving medical liability, construction defects, business and construction disputes, personal injury claims and insurance coverage questions throughout Alabama and Mississippi.
Ben is an AV-rated civil trial attorney in the firm’s Mobile office. His practice focuses on handling lawsuits involving construction defects, business and contract disputes, personal injury claims, real estate disputes, insurance coverage questions, and medical liability throughout Alabama and Mississippi. Ben concentrates his efforts on achieving results that best serve his clients’ objectives in every matter and makes certain that the plan and strategy he employs fits his clients’ legal and financial needs.
In 2014, Ben received recognition by the Super Lawyers publication as an Alabama “Rising Star,” a designation afforded to only 2.5% of all lawyers in the state of Alabama who are under the age of 40 years old.
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Ben is licensed to practice law in Alabama and Mississippi. He is admitted to practice in the United States District Court for the Southern District of Alabama and the United States District Courts for the Northern and Southern Districts of Mississippi.
Ben is a member of the Defense Research Institute, Mobile Bar Association, and Alabama Defense Lawyers Association (ADLA). He has served as the Director of ADLA’s Deposition Boot Camp since 2018 and has previously served as an instructor since 2012. Ben has written and presented topics involving risk management for construction projects, insurance coverage issue, and nursing home arbitration clauses. He was also a member of the 2008 Greater Mobile MS Leadership Class.
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Ben received his J.D. from the University of Alabama School of Law in 2001. He received his undergraduate degrees in Economics and Public Policy in 1998 from Duke University.
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Ben and his wife Teresa (a criminal prosecutor) have three children: Connell, Clara and Charlie. Ben has filled numerous volunteer roles at St. Mary Catholic Church & School and McGill-Toolen Catholic High School over the years with his favorite being his seasons coaching basketball in Mobile’s CYO league. When not working, if you get up early enough, you will find Ben with his 5:30 a.m. Crossfit group. Ben also enjoys spending time relaxing as he cooks a variety of meats on his Big Green Egg.
Legal Assistant
Megan Pouliot
P: (251) 338-2333
Paralegals
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NewsMay 2013 – Ball, Ball, Matthews & Novak Attorneys Selected for 2013 Alabama Super Lawyers
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Notable Cases2017 – 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. (Alabama Supreme Court Case No: 1131074) 2017 – 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. (Lee County) 2017 – Summary Judgment in favor of insurer as to bad faith claims asserted by the plaintiff/insured. (Autauga County) 2016 – 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. (Geneva County) 2015 – Successfully defended insurance company in trial concerning payment of insurance benefits, with verdict returned being less than amount offered before trial. (Dale County) 2015 – Summary judgment entered in favor of homeowners insurance carrier as to the breach of contract claims asserted against carrier by 130 individual plaintiffs. (Calhoun County) 2015 – Summary judgment entered in favor of homeowners insurer concerning the plaintiffs’ claims of breach of contract, fraud and bad faith. (Tuscaloosa County) 2015 – 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. (Chambers County) 2014 – 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) 2014 – Summary judgment rendered in favor of homeowners insurer concerning the insured’s claims of bad faith. (Northern District of Alabama) 2014 – 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) 2013 – 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. (Marion County) 2013 – Defendant’s verdict at the conclusion of jury trial wherein the plaintiff alleged personal injuries caused by the defendant. (Montgomery County) 2013 – Summary judgment rendered in favor of homeowners insurer as to plaintiff’s claims of breach of contract and bad faith. (Chambers County) 2013 – 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. (Clay County) 2013 – 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. (Escambia County) 2012 – 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. (Marion County) 2010 – 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. (Bibb County) 2009 – 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)
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Other Reported DecisionsHarris 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.
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Attorney Testimonials"I have worked on a case in opposition to Mr. Brittain. He is a very professional and competent attorney." "Evans is an excellent attorney and well respected member of our local bar." "I have worked up 3-4 cases against Evans and he has always been the consummate professional..." "Evans is a fine lawyer and works hard for his clients."