State Farm Mut. Auto. Ins. Co. v. Bodiford, 1 Div. 244

• Decision Date: 29 June 1967
• Docket Number: 1 Div. 244
• Citation: 205 So.2d 589,281 Ala. 510
• Parties: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. Earl Leon BODIFORD et al.
• Court: Alabama Supreme Court

Page 589

205 So.2d 589

281 Ala. 510

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. Earl Leon BODIFORD et al.

1 Div. 244.

Supreme Court of Alabama.

June 29, 1967.

Rehearing Denied Jan. 18, 1968.

Pillans, Reams, Tappan, Wood & Roberts, Mobile, for appellant.

Caffey, Gallalee, Edington & Loveless and Leon Duke, Mobile, for appellees.

PER CURIAM.

This is an appeal from a final decree, in equity, entered by the Circuit Court of Mobile County, Alabama. The decree is responsive to and based on a jury's verdict at law on an 'issue out of equity.' Howard v. Ridgeway, 225 Ala. 106, 142 So. 403(1).

Appellant filed its petition in equity to determine if it were obligated under a policy of liability insurance to defend Earl Leon Bodiford, one of the respondents, in a suit against him, filed at law, to recover damages for the death of Joe Lawrence Palmer. The suit was filed by the executor of the estate of the deceased. Palmer was killed when an automobile driven by Bodiford, with the consent of the named insured, either ran against him or so close to him that the body of a protruding occupant of the car hit him, proximately causing his death.

The respondent executor, Turner Murphy, demanded and obtained a trial by jury of the factual issues presented by the petition and responsive pleadings. Such trial by jury was granted as a matter of right. Major v. Standard Accident Insurance Company, 272 Ala. 22, 128 So.2d 105(3). The verdict was in no sents advisory. It was stipulated between the parties before trial that 'there is coverage on the incident out of which the injury and death of Joe Lawrence Palmer arose unless such injuries were 'not caused by the accident' as stated in the policy of insurance in force in the case.'

It was further stipulated and agreed that the only issue for the jury to determine was: 'Was the death of Joe Lawrence Palmer, deceased, caused by an intentional act of Earl Leon Bodiford in the use of the motor vehicle owned by Colvin Young, the named insured, and therefore 'not caused by an accident' as insured against in the subject policy?'

The jury, on May 28, 1964, returned a verdict as follows:

'The death of Joe Palmer, deceased, WAS NOT caused by an intentional act of Earl Leon Bodiford in the use of the motor vehicle owned by Colvin Young, the named insured, and therefore, WAS 'caused by accident' as insured against in the subject policy.'

Thereafter, on June 5, 1964, the Chancellor entered a final decree that was responsive to, and based on, the jury verdict. The decree adjudicated, in part, as follows:

'The death of Joe Palmer, deceased, WAS NOT caused by an intentional act of Earl Leon Bodiford in the use of the motor vehicle owned by Colvin Young, the named insured, and therefore WAS 'caused by accident' as insured against in the subject policy.'

The decree further adjudicated:

'The complainant is obligated under the terms of said policy to defend the Respondent Earl Leon Bodiford in that action presently pending at law filed by Turner Murphy, as Executor of the Estate of Joe Lawrence Palmer, deceased, against Earl Leon Bodiford in the...