MONTGOMERY, Ala. (October 2, 2023) – Ball Ball Matthews & Novak is pleased to announce a significant legal triumph in Marengo County, Alabama. Partner Chris Waller secured a favorable Order from Judge Hardaway, granting Summary Judgment in a Breach of Contract case on behalf of our client, ALFA.
The case revolved around a Breach of Contract claim wherein ALFA asserted its right to rescind the named insured's policy due to misrepresentations made in the application. This crucial argument formed the basis for ALFA's position that it was entitled to void the policy ab initio.
In his Order, Judge Hardaway concurred with our legal arguments, granting Summary Judgment in favor of ALFA. The ruling establishes that the misrepresentations in the application justified the rescission of the policy, rendering it void from its inception. As a result, any claims arising from an insured driver's phantom motorist accident, including the subsequent claim for Underinsured Motorist (UIM) benefits, were barred.
Ball Ball Matthews & Novak has built a reputation for delivering successful results in complex legal matters, and this recent victory further solidifies the firm's standing as a leader in the legal community. The firm continues to be at the forefront of providing comprehensive legal services to its clients across various practice areas.