Lavoie v. Aetna Life and Cas. Co., Inc.
Decision Date | 02 October 1981 |
Citation | 405 So.2d 17 |
Parties | Margaret W. LAVOIE and Roger J. Lavoie, Sr. v. AETNA LIFE AND CASUALTY COMPANY, INC., A Corporation. 80-149. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Mobile County; Michael E. Zoghby, Judge.
Joseph M. Brown, Jr., of Cunningham, Bounds, Byrd, Yance & Crowder, Mobile, for appellants.
Peter V. Sintz of Sintz, Pike, Campbell & Duke, Mobile, for appellee.
This is the second appeal of this case. On the first appeal, from an order of the Circuit Court of Mobile County granting insurer's motion to dismiss insured's complaint, the Supreme Court, per Torbert, C. J., reversed and remanded, stating:
Lavoie v. Aetna Life & Casualty Company, Inc., 374 So.2d 310 (Ala.1979), at 312.
Upon remand the insurer's second motion for summary judgment was granted as to the statements of the claim based upon the alleged tortious conduct of the defendant insurer (bad faith); and judgment was entered for the insured on the two statements of the claim based upon contract. The insured appeals from that portion of the trial court's order entering judgment for insurer.
In a recent decision, this Court recognized the intentional tort of bad faith in first party insurance actions. Chavers v. National Security Fire and Casualty Company (MS. April 10, 1981) 405 So.2d 1 (Ala.1981) (rehearing granted October 2, 1981). The judgment of the Circuit Court of Mobile County, therefore, is reversed and remanded with directions to that court to reconsider the insurer's motion for summary judgment in the light of the teachings of Chavers.
REVERSED AND REMANDED WITH DIRECTIONS.
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