HIGH PROFILE CASES

Alfa Life Ins. Corp. v. Colza,--- So. 3d --- (Ala. 2014)

Reversing and rendering a jury verdict in excess of $400,000 against Alfa Life Ins. Corp. Plaintiff/beneficiary alleged breach of contract, bad faith, fraud and suppression, negligent failure to procure, and estoppel in association with denial of benefits allegedly available through bound coverage or alternatively an oral contract. Insurance applicant passed away as a result of an accident, during the underwriting process, and before a policy was never issued. Upon completion of the underwriting process Alfa had determined that the applicant had made a misrepresentation on the application which would have resulted in a rate up of the policy as applied for. As her basis for fraud and negligent procurement, Plaintiff claimed that agent had made an oral misrepresentation to the applicant that coverage was immediately available. Upholding the Court's longstanding principle that a party, otherwise able to read and understand the English language, is presumed to have read and understood the written documents they receive, the Court found that the documents received by the applicant plainly indicated that the agent was not authorized to modify the terms of the insurance contract, and therefore could not create an oral contract. Because the written documents plainly stated conditions precedent to formation of a contract for insurance, the Plaintiff and the decedent could not have reasonably relied upon any alleged oral misrepresentation by the agent, and were therefore barred by the doctrine of contributory negligence on their negligent procurement claim. Because there was a clear basis upon which to deny the claim for benefits, Alfa could not be liable for bad faith failure to pay or investigate.


Southland Bank v. A & A Drywall Supply Co., Inc., 21 So. 3d 1196 (Ala. 2008)

Reversing and rendering a jury verdict in excess of $7 Million against Southland Bank. Concerned issues of breach of contract, fraud, promissory fraud, negligence, negligent hiring, training, and supervision, and wantonness in association with failure to make a loan.


Alfa Life Ins. Corp. v. Lewis, 910 So. 2d 757 (Ala. 2005)

Interlocutory appeal to the Alabama Supreme Court following denial of a Motion for Summary Judgment filed by the Defendant. Concerned the right of an insurer to rescind a life insurance policy based upon a misrepresentation, even if innocent, on the application for insurance due to the materiality of the misrepresentation.


Ex Parte The Cincinnati Insurance Company, 51 So. 3d 298 (Ala. 2010)

On petition for writ of mandamus, The Supreme Court granted mandamus, instructing the Circuit Court of Tallapoosa County to deny Plaintiff’s motion to compel discovery and to dismiss the case for lack of subject matter jurisdiction. Under the “Filed Rate Doctrine” of Alabama, the Circuit Court of Tallapoosa County lacked subject matter jurisdiction.

 

 

REPRESENTATIVE CLIENTS

The Following Clients of Gray & Associates, LLC are a representative selection of the clients which the attorneys of Gray & Associates, L.L.C. have represented and continue to represent:

Gray and Associates has Represented the Following Insurance Clients:

  • Alfa Financial Corporation
  • Alfa Life Insurance Corporation
  • Alfa Mutual Insurance Coporation
  • Chubb Group of Insurance Companies
  • Cincinnati Insurance Company
  • Cincinnati Life Insurance Company
  • Executive Risk Indemnity Inc.
  • Federal Insurance Company
  • General Star National Insurance Company
  • Hartford Insurance Company
  • Jefferson-Pilot Life Insurance Company
  • Liberty National Life Insurance Company
Gray and Associates is not Limited to Representation of Insurers and has Represented the Following Non-Insurance Clients
  • Southland Bank
  • First Federal Bank
  • Bill Lunsford Construction Co., Inc.
  • Groome Transportation
  • National Management Resources
  • Southern States Police Benevolent Association, Inc.
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